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Filing # 136496645 E-Filed 10/13/2021 03:54:17 PM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
SINNETTE SPENCER and ANITA SPENCER,
Plaintiffs,
CASE NO: 21002013SP
Vv.
HOMEOWNERS CHOICE PROPERTY AND
CASUALTY INSURANCE COMPANY, INC.,
Defendant.
/
COMPLAINT
COME NOW the Plaintiffs, SINNETTE SPENCER and ANITA SPENCER (hereinafter
“Plaintiffs”), by and through the undersigned attorney, and files this Complaint against the
Defendant HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE
COMPANY, INC. (hereinafter “Defendant”), and as grounds therefore, state as follows:
General Allegation:
Atall times relevant hereto, the Plaintiffs, SINNETTE SPENCER and ANITA SPENCER, are
residents of the State of Florida, residing in Charlotte County.
At all times relevant hereto, Defendant, HOMEOWNERS CHOICE PROPERTY AND
CASUALTY INSURANCE COMPANY, INC., was an insurance company organized and
existing under the laws of the State of Florida and doing business in the State of Florida and
specifically in Charlotte County with Plaintiffs.
The amount in controversy in this action is more than Two Thousand Five Hundred Dollars
($2,500.00) and less than Eight Thousand Dollars ($8,000.00) exclusive of pre-judgment
interest, court costs, and attorney's fees.
Count I-Breach of Contract
Plaintiffs re-allege each and every allegation set forth in Paragraphs 1 through 3 above, as if
fully set forth herein.
This is an action for damages for breach of insurance contract against Defendant.
In consideration of the premium paid to it, Defendant issued to Plaintiffs a contract of insurance,
Policy No. HCPC-HO3-361462-9, which was in full force and effect at the time of the loss and
damage at the insured premises at 242 Rockwood Street NW, Port Charlotte, Florida 33952
(hereinafter “Insured Property”). Attached hereto as Exhibit “A” is what Plaintiffs believe to
be a true and accurate copy of the policy which underlies this action.
During the effective period of the insurance policy, Plaintiffs’ Insured Property suffered direct
physical damage and loss to the insured property.
On or about August 9, 2021, Plaintiffs’ Insured Property was damaged as a result of wind
created breach of building envelope and ensuing water and mold losses, a peril for which the
policy of insurance issued by Defendant provides coverage.
The sudden and unexpected loss caused by wind created breach of building envelope and
ensuing water and mold losses caused Plaintiffs to sustain loss to the covered structure and its
roof as well as the interior of the insured property.
10. The sudden and unexpected loss caused by wind created breach of building envelope and
ensuing water and mold losses caused Plaintiffs to incur additional expenses and will continue
to cause expenses and loss.
11 Plaintiffs have made a timely claim for the damage and loss. Defendant assigned Claim No.
911185.
12. Plaintiffs have requested that Defendant pay Plaintiffs for Plaintiffs’ damages, but Defendant
has failed and refused and continues to refuse to fully pay the aforementioned damages.
13. The Plaintiffs have done and performed all those matters and things properly required of
Plaintiffs under the insurance policy or, alternatively, has been excused from performance by
the acts, or omissions of Defendant.
14. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under
the insurance policy and has failed to pay promptly the full amounts due and has thereby
breached the contract of insurance.
15 As a direct result of Defendant’s breach of insurance contract, Plaintiffs have been financially
damaged and continues to suffer damage and loss.
16. Asaresult of Defendant’s breach of the insurance contract, it has become necessary for Plaintiffs
to incur and become obligated for attorney's fees and costs in connection with the prosecution
of this action. Plaintiffs are entitled to have Defendant pay said fees and costs pursuant to section
627.428, Florida Statutes.
WHEREFORE, the Plaintiffs pray this Court enter judgment in Plaintiffs’ favor and against
HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC.,
for damages including actual and compensatory damages, pre-judgment interest, costs of this action,
attorney’s fees, and such other and further relief as this Court may deem appropriate.
JURY TRIAL DEMANDED
Plaintiffs request a trial by jury on all issues so triable.
Dated: October 13, 2021
Respectfully submitted,
KRAPF LEGAL, P.A.
/s/ Grant W. Krapf, Esq.
GRANT W. KRAPF, ESQ.
FBN: 072058
2790 Sunset Point Road
Clearwater, FL 33759
Telephone: (727) 777-7450
E-mail: grant@krapflegal.com
ssist@krapflegal.com
Counsel for Plaintiffs
EXHIBIT "A"
Cr
Homeowners Choice
Property & Casualty Insurance Company, Inc.”
Homeowners
Policy
5300 W. CYPRESS STREET, SUITE 100
TAMPA, FL 33607
CUSTOMER SERVICE: (888) 210-5235
TO REPORT A CLAIM, PLEASE CALL: (866) 324-3138
HCPC HOJ 09 15 Page 1 of 2
Jennonddiddindndacdcdaaacat Mi PORTANT NOTICE tiiitiiiisieniniei
This policy is issued on behalf of Homeowners Choice Property & Casualty Insurance
Company, Inc. (the Company) and by acceptance of this policy, you agree that:
1 The statements in the application are your representations;
2. This policy is issued in reliance upon the truth of those representations; and
3. This policy embodies all agreements existing between you and Homeowners Choice Property
& Casualty Insurance Company, Inc. and any of our Producers relating to this policy.
IN WITNESS WHEREOF: In consideration of your paid premium, the Company 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.
“Qlt ELL
Robert B. Reid, CPCU, Vice President - Operations
Homeowners Choice Property & Casualty Insurance Company, Inc.
HCPC HOJ 09 15 Page 2 of 2
Fon
Hi OME! OWNERS CHOICE
For policy questions, please contact your agent at
For claims please call
(941) 625-9998
(866) 324-3138
Proverry & Casuarry
Insurance Company, Inc. For customer service please call (888) 210-5235
Homeowners Choice Property & Casualty Insurance Company
Homeowners HO-3 Policy Declarations - Renewal
Named Insured: Insured Location Policy Number HCPC-HO3-361462-9
Covered by this Policy:
SINNETTE SPENCER 242 ROCKWOOD ST NW
ANITA SPENCER PORT CHARLOTTE, FL 33952 Renewal
242 ROCKWOOD ST NW Policy Effective Date: dul 25, 2020 12:01AM
PORT CHARLOTTE, FL 33952-
7932 Policy Expiration Date: Jul 25, 2021 12:01AM
County: CHARLOTTE
COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE
Coverages Limit of Liability ‘Annual Premium Forms, Notices and Endorsements:
Section | HCPC HOJ 09 15 HO 04 96 04 91
A. Dwelling $219,700 $1,177 OIR-B1-1670 (1-1-06) HC 23 94 HO3 03 13
HC OC HO3 08 16 HC HO 04 90 07 08
B. Other Structures $4,394 Included OIR-B1-1655 (Rev. 02/10)
C. Personal Property $54,925 ($22) HC WL 05 13
Included HC 09 DN 12 13
D. Loss of Use $21,970
HC HO OL 12 17
Section Il HC HO3 TOC 01 20
E. Personal Liability $100,000 Included HC HO3 01 20
HC CGCC HO3 03 13
F. Medical Payments $2,000 Included
HC 24 07 08
Endorsement Premium Total (See Details, P.2) $423 Rating Information:
Credits and Charges: Year Built: 1980
Coverage A Increased due to an Inflation Factor Construction:
Building Code Effectiveness Grading Adjustment Territory: 711
Windstorm Mitigation Credit
Modified Deductibles Adjustment Protection Class:
BCEG Grade: 99
Sprinkler: N
Fire Alarm: No
Underwriting Surcharges (See Details, P.2) $564 Burglar Alarm: No
Total Annual Policy Premium $2,142 Wind Mitigation Factor: 0.720 (12710)
Policy Fees (See Details, P.2) $27 Deductible-Section | In case of a loss, we cover only that part of
Endorsement Fees (See Details, P.2) $0 the loss over the deductible stated:
Total Policy Charges $2,169 10% ($21970) Sinkhole Deductible
Premium Change Due to Rate Change $ 143 $2500 All Other Perils Deductible
Premium Change Due to Coverage Change $83
Fee Change from Prior Term $0 2% ($4394) Hurricane Deductible
The Hurricane portion of the Premium is: $1,140 The Non-Hurricane portion of the Premium is: $1,002
Please see Page 2 of the Declarations Page for important
notices that apply to this policy.
Agent: BRIAN CHAPMAN (Other: Bill To: 1st Lien
BRIAN G CHAPMAN ist Lien - PHH MORTGAGE SERVICES, ISAOA, PO BOX 5954
2040 TAMIAMI TRL #A SPRINGFIELD, OH 45501 Loan # 7183487243
PORT CHARLOTTE, FL 33948
Phone: (41) 625-9998
Authorized Countersignature:
eee ee Page 1 of 2
Sep 21, 2021
HC DEC2 03 05 13
10:36AM
Policy Number: HCPC-HO3-361462-9
Endorsement Premium Details Limit of Liability Annual Premium
Personal Property Replacement Coverage $423
Mold Coverage Property $10,000 Included
Mold Coverage Liability $50,000 Included
Permitted Incidental Occupancy Not Included
Rental Surcharge - Property Not Included
Rental Surcharge - Liability Not Included
Loss Assessment Coverage $1,000 Included
Ordinance or Law Coverage 25% of Coverage A Included
Endorsement Premium Total $423
Underwriting Surcharges Details
No Prior Insurance or Dec Page Adjustment $0
Seasonal or Unoccupied Surcharge $0
Age of Home Adjustment $564
Rate Equalization Credit $0
Voluntary Writing Credit $0
Discount Capping Adjustment $0
Underwriting Surcharges Total $564
Policy Fee Details
Managing General Agency Fee $25
Emergency Management Preparedness and Assistance Trust Fund Fee $2
Florida Hurricane Catastrophe Fund Emergency Assessment $0
Citizens Property Insurance Corporation 2005 Emergency Assessment $0
2012 Florida Insurance Guaranty Association Regular Assessment $0
Policy Fee Total $27
Policy Changes and Endorsements Date Effective Premium Change
Endorsement Total $0
NOTICES
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE
THAT YOU MAY WISH TO PURCHASE.
THIS HOMEOWNERS POLICY DOES NOT COVER LOSSES DUE TO
FLOOD AND RISING WATER.
PLEASE CONTACT YOUR AGENT TO OBTAIN A NATIONAL FLOOD
INSURANCE PROGRAM POLICY.
Page 2 of 2 HC DEC2 03 05 13
Checklist of Coverage
Policy Type: Homeowners (HO3)
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 this checklist. Any endorsement regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent
separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and
limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a
claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool
enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may
arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor,
wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A
clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the
provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent
or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at
(800) 342-2762 or www-fldfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: $219,700 Loss Settlement Basis: Replacement Cost
Other Structure Coverage (Detached from Dwelling)
Limit of Insurance: $4,394 Loss Settlement Basis: Replacement Cost
Personal Property Coverage
Limit of Insurance: $54,925 Loss Settlement Basis: Replacement Cost
Deductibles
Annual Hurricane: $4394 All Perils (Other Than Hurricane): $2,500
OIR-B1-1670 (1-1-06) Page 1 of 4
Checklist of Coverage (continued)
The above Limit of Insurance, deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items marked below Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Fire or Lightning
Hurricane
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 ]
l
Time Limit
(Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included)
Y_ | Additional Living Expense 24 Consecutive Months
y_ | Fair Rental Value $21,970 24 Consecutive Months
Y_ | Civil Authority Prohibits Use 2 Weeks
Property - Additional / Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
lincluded, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit
included)
Included Additional
Y Debris Removal See Policy Y
Y Reasonable Repairs See Policy Y
Y Property Removed See Policy Y
Credit Card, Electronic Fund Transfer Card, or $500
Access Device, Forgery and Counterfeit Money
Loss Assessment $1,000
Collapse See Policy
Glass or Safety Glazing Material See Policy
Landlord's Furnishings See Policy
Law and Ordinance $54,925
Grave Markers
Mold / Fungi $10,000
OIR-B1-1670 (1-1-06) Page 2 of 4
Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked Dollar ($) Amount of Discount
N (No) indicate discount is NOT applied)
N_ | Multiple Policy
N_ | Fire Alarm / Smoke Alarm / Burglar Alarm Included in Base Premium
[Sprinkler
Y Windstorm Loss Reduction Included in Base Premium
Building Code Effectiveness Grading Schedule Included in Base Premium
Other Included in Base Premium
Insurer May Insert Any Other Property Coverage Below
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis:
included, those marked N (No) indicate coverage is NOT (i.e. Replacement Cost, Actual Cash Value,
included) Stated Value, etc.)
Personal Liability Coverage
Limit of Insurance: $100,000
Medical Payments to Other Coverage
Limit of Insurance: $2,000
Liability - Additional / Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
lincluded, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit
included)
Included Additional
Y Claim Expenses See Policy Y
Y First aid Expenses See Policy Y
Y Damage to Property of Others $500 Y
Y Loss Assessment $1,000 Y
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance
NOT included)
OIR-B1-1670 (1-1-06) Page 3 of 4
Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners
OUTLINE OF YOUR HOMEOWNERS POLICY
The following outline of coverage is for informational purposes PERILS INSURED AGAINST
only. Florida law prohibits this outline from changing any of Coverage A - Dwelling and Coverage B - Other Structures
the provisions of the insurance contract which is the subject of
This policy insures against risk of direct loss to covered
this outline. Any endorsement regarding changes in types of
property under Coverages A and B, unless not covered or
coverage, exclusions, limitations, reductions, deductibles,
excluded from coverage as described elsewhere in the
coinsurance, renewal provisions, cancellation provisions,
policy.
surcharges, or discounts will be sent separately.
Coverage C - Personal Property
Please read your homeowners policy carefully for
This policy insures against direct physical loss under
complete descriptions and details.
Coverage C except as limited or excluded by your policy,
Contact your agent with any questions about this policy. caused by:
SECTION | - PROPERTY COVERAGE Fire or Lightning
Windstorm or Hail
Coverage A - Dwelling Explosion or Smoke
Protects against covered loss to your dwelling and structures
Riot or Civil Commotion
attached to your dwelling. It also protects against covered
Aircraft or Vehicles
loss to building materials located on your residence premises
which are being used in connection with your residence Vandalism or Malicious Mischief
premises. Theft (on premises only)
Falling Objects
Coverage B - Other Structures Weight of Ice, Snow or Sleet
Protects against covered loss to structures on your residence
Accidental Discharge or Overflow of Water or Steam
premises not physically attached to the dwelling.
Sudden and Accidental Tearing Apart, Cracking,
Coverage C - Personal Property Burning or Bulging
Protects against covered loss to your personal property such Freezing of Plumbing or Household Appliances
as clothing and furniture. Special limits apply to some types of Sudden and Accidental Damage from Artificially
personal property including but not limited to: money, Generated Electricity
securities, watercraft, and theft of jewelry, firearms and . Volcanic Eruption
silverware. . Catastrophic Ground Cover Collapse
There are some items not covered under Coverage C. Some PROPERTY EXCLUSIONS
examples are animals, food spoilage, motorized vehicles and
property of roomers or boarders and other tenants. Loss by This policy does not provide protection under Coverages A,
theft while property is located off the residence premises is B and C for losses resulting in any manner from:
not covered. Please review your policy for a complete list of
. Ordinance or Law
items that have special limits or are excluded. . Earth Movement and Settlement, Other than a
Catastrophic Ground Cover Collapse
Coverage D - Loss of Use Sinkhole Activity or Sinkhole Loss
Provides for the additional living expenses you incur while you Neglect or Intentional Loss
are temporarily unable to live at your home because of a War or Nuclear Hazard
covered loss. Payment would include such items as
Theft Away from the Residence Premises
temporary lodging and increased costs for food. Coverage D
Animals
is limited to 24 consecutive months from the date of the
covered loss. Pre-event evacuation expenses are not covered Off Premises Power Failure
under this policy. Inherent Vice, Decay, Defect and Mechanical
Breakdown
ADDITIONAL COVERAGES Flood and Other Water Damage
Included in your homeowners policy, these additional Constant or Repeated Seepage or Leakage of Water or
coverages include limitations and may not completely protect Steam
you against loss. . Settling, Shrinking, Bulging or Expansion
Debris Removal There are other exclusions. Please refer to your policy for
Reasonable Emergency Measures complete details regarding exclusions.
Trees, Shrubs and Other Plants
Fire Department Service Charge
OTHER LIMITATIONS
Property Removed Reasonable Emergency Measures — Necessary measures
Credit Card, Fund Transfer Card, Forgery and taken solely to protect covered property from further damage
Counterfeit Money may not exceed the greater of $3,000 or 1% of the Coverage
Loss Assessment Alimit unless approval is received in advance from us.
Collapse Notice of Claim to Us - Windstorm or Hurricane - Any
Glass or Safety Glazing Material claim, supplemental claim, reopened claim for loss or
Landlord’s Fumishings damage caused by the peril of windstorm or hurricane is
Fungi, Wet or Dry Rot, Yeast or Bacteria barred unless notice of the claim, supplemental claim, or
Ordinance or Law reopened claim is given to us in accordance with the terms
of the policy within three years after the hurricane first makes
landfall or the windstorm caused the covered damage.
Notice of Claim to Us - Sinkhole Loss - Any claim,
including, but not limited to initial, supplemental, and
HC OC HO3 08 16 Page 1 of 2
Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners
reopened claims under this policy is barred unless notice of For all other cancellations, the following applies:
the claim is given to us in accordance with the terms of the When the policy has been in effect for 90 days or less and
policy within two years after you knew or reasonably should there has been a material misstatement, misrepresentation,
have known about the sinkhole loss. or failure to comply with underwriting requirements, we may
Deductibles — Your policy includes a Calendar Year cancel immediately.
Hurricane Deductible and an All Other Perils Deductible, If your policy has been in effect for 90 days or less and the
selected by you, as shown in your Declarations page. This is insurance is cancelled for other than nonpayment of premium,
the amount of the loss you must incur before this policy pays. we may cancel by giving you at least 20 days’ notice before
Sinkhole Loss — This policy does not protect you against the cancellation effective date.
loss due to sinkhole activity, unless Sinkhole Loss If your policy has been in effect over 90 days, we may cancel
Coverage is shown in your Declarations. Be sure to contact your policy for only a limited number of reasons. The reasons
your agent to obtain this important coverage. include, but are not limited to, material misstatement or
Flood Loss - This policy does not protect you against loss substantial change of risk. We will cancel by giving you
due to flood, unless Flood Coverage is shown in your advance written notice at least 120 days before the
Declarations. Flood is also available through the NFIP. cancellation effective date.
Windstorm - In some areas of the state, generally coastal Nonrenewal - |f we do not intend to renew your policy, we
areas; windstorm and hail coverage, including hurricane will mail written notice to you. We will do so at least 120
coverage, may not be provided in your policy. The days before the expiration date of the policy.
exclusion of windstorm coverage is indicated by form HC Renewal - The renewal premium payment must be
'WX01 in your Declarations. Be sure to contact your agent to received no later than the renewal date or the policy will
obtain this important coverage if it has been excluded from terminate.
your policy.
PREMIUM DISCOUNTS AND SURCHARGES
Loss Settlement — Buildings under Coverage A or B are
The following are brief descriptions of the premium
covered at replacement cost. However, if at the time of loss,
discounts and surcharges available on your homeowners
the amount of insurance you have purchased for the insured
policy. Your policy Declarations page will show which of
building is less than 80% of the value of the building, we will
these discounts and surcharges, if any, apply to your policy.
not pay you replacement value. Instead we will pay the
greater of either actual cash value of that part of the building Protective Devices - If your home has a qualified central
damaged or a proportion of the cost to repair or replace that station burglar and/or fire alarm or automatic fire sprinkler
part of the damaged building which the total amount of system, you may be eligible for a premium discount.
insurance in your policy on the building bears to 80% of the Deductible Discount - Deductible options greater than the
replacement cost of the building. calendar year hurricane deductible of 2% and other perils
Vacant Property— If a loss occurs and the dwelling has been deductible of $1,000 are available at a premium discount.
vacant for more than 30 consecutive days prior to the date of Deductibles less than the standard deductibles may be
loss, there is no coverage for vandalism, sprinkler leakage, available, for an additional premium.
glass breakage, water damage, theft or attempted theft, even Windstorm Mitigation Discount - Housing features such
if they are a covered cause of loss. as roof covering, roof shape, roof deck attachments,
SECTION Il - LIABILITY COVERAGE secondary water resistance, roof to wall connection and
opening protection (qualifying shutters or other protective
Coverage E - Personal Liability
devices) may qualify for a premium discount. Contact your
Provides coverage for bodily injury or property damage you or agent for more information.
a person insured under your policy is legally obligated to pay.
The bodily injury or property damage must arise from an Superior Construction - Certain homes of fire resistive or
occurrence covered under Section II of your policy. wind resistive construction are eligible for a premium
discount.
Coverage F - Medical Payments to Others - Dwellings with
Seasonal Occupancy Surcharge
Provides coverage for reasonable and necessary medical continuous unoccupancy of more than six months.
expenses if a guest is injured on your premises or, under
Other Surcharges — Other surcharges may be levied in
certain circumstances, off the insured premises. The bodily
accordance with statute or Department of Financial Services
injury must arise from an occurrence covered under Section II
of your policy with limited exceptions. rules. These surcharges will be disclosed on your
Declarations page when they become applicable.
Some liabilities and medical expenses are not covered under
OPTIONAL COVERAGES AVAILABLE
Section Il. For example, there is no coverage for bodily injury
. Sinkhole Loss Coverage
or property damage arising from animals, watercraft, radon,
pollutants, ingestion or inhalation of lead in any form or . Increased Limits for “Fungi,” Wet or Dry Rot, Yeast or
substance, and under certain conditions, home day care Bacteria Coverage
operations. Increased Limits for Ordinance or Law Coverage
Other Structures — Increased Limits; Rented to
NONRENEWAL AND CANCELLATION PROVISIONS Others
All cancellations are granted a pro-rata return of premium. Personal Property Replacement Cost
Permitted Incidental Occupancies
Your Right to Cancel - You may cancel the policy at any
Loss Assessment Coverage — Increased Limits
time, for any reason, by giving us advance written notice of
the future cancellation effective date. Coverage E — Personal Liability Increased Limits
Flood Coverage
Our Right to Cancel - If the cancellation is due to
nonpayment of premium, we will give you at least ten days’
advance written notice.
Page 2 of 2 HC OC HO3 08 16
Notice of Premium Discounts for Hurricane Loss Mitigation
*** Important Information ***
About Your Personal Residential Insurance Policy
Dear Homeowner,
Hurricanes have caused tens of billions of dollars in insured damages and predictions
lof more catastrophic hurricanes making landfall in Florida have triggered increases in
insurance premiums to cover potential future losses. Enclosed is information
regarding wind loss mitigation which will make your home more resistant to wind and
help protect your family during a catastrophic event. In addition to reducing your
hurricane wind premium by installing mitigation features, you may also reduce the
likelihood of out-of-pocket expenses, such as your hurricane deductible, you may
otherwise incur after a catastrophic event.
What factors are considered in establishing my premium?
Your location: The closer a home is to the coast, the more vulnerable it is to damage
caused by hurricane winds. This makes the hurricane-wind premium higher than
similar homes in other areas of the state.
Your policy: Your insurance policy is divided into two premiums: one for damage
caused by hurricane force winds (hurricane-wind) and one for all other damage (all
other perils), such as fire.
Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10%
deductible depending on the actual value of your home. Increasing your deductible
percentage results in a lower hurricane-wind premium. The larger your deductible, the
lower your hurricane-wind premium. However, if you select a higher deductible your
out-of-pocket expenses in the event of a hurricane claim will be higher.
Improvements to your home: The state requires insurance companies to offer
discounts for protecting your home against damage caused by hurricane winds.
Securing your roof so it doesn’t blow off and protecting your windows from flying
debris are the two most cost effective measures you can take to safeguard your home
and reduce your hurricane-wind premium. These discounts apply only to the
hurricane-wind portion of your policy.
The cost of the improvement projects vary. Homeowners should contact a licensed
contractor for an estimate. You can find a Certified Contractor in your area by visiting
the Florida Department of Business and Professional Regulation online at
www.myfloridalicense.com.
Your maximum discount: Discounts are not calculated cumulatively. The total
discount is not the sum of the individual discounts. Instead, when one discount is
applied, other discounts are reduced until you reach your maximum discount of 45%.
OIR-B1-1655 (Rev. 02/10) Adopted by Rule 690-170.0155 Page 1 of 4
How can I take advantage of the discounts?
Homeowners will need a qualified inspector such as a general, building or residential
contractor licensed under Section 489.111, Florida Statutes, or a professional
engineer licensed under Section 471.015, Florida Statutes, who has passed the
appropriate equivalency test of the Building Code Training program as required by
Section 553.841, Florida Statutes, or a professional architect licensed under Section
481.213, Florida Statutes, or a building code inspector certified under Section
468.607, to inspect the home to identify potential mitigation measures and verify
improvements. For a listing of individuals and/or inspection companies meeting these
qualifications, contact your insurance agent or insurance company.
The following is an example of how much you can reduce your insurance
premium if you have mitigating features on your home. The example is based on
your hurricane-wind premium* of $1140 which is part of your total annual
premium of $2142. Remember, the discounts shown only apply to the hurricane-
wind portion of the premium and the discounts for the construction techniques
and features listed below are not cumulative.
* Wind mitigation credits apply to the portion of your premium which covers the
peril of wind, whether or not a hurricane exists.
Homes built prior to the 2001 building code
Estimated* Premium | Estimated* Annual
Discount Percent Premium ($) is
Description of Feature Reduced by:
Roof Covering (i.¢., shingles or tiles)
e Meets the Florida Building Code. 3-7% $34 - $80
e Reinforced Concrete Roof Deck. 41-42% $467 - $479
(If this feature is installed on your home you most
likely will not qualify for any other discount.)
How Your Roof is Attached
¢ Using a 2" nail spaced at 6" from the edge of the 0% $0
plywood and 12" in the field of the plywood.
e Using a 2 1
Preview
Filing # 136496645 E-Filed 10/13/2021 03:54:17 PM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION SINNETTE SPENCER and ANITA SPENCER, Plaintiffs, CASE NO: 21002013SP Vv. HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC., Defendant. / COMPLAINT COME NOW the Plaintiffs, SINNETTE SPENCER and ANITA SPENCER (hereinafter “Plaintiffs”), by and through the undersigned attorney, and files this Complaint against the Defendant HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC. (hereinafter “Defendant”), and as grounds therefore, state as follows: General Allegation: Atall times relevant hereto, the Plaintiffs, SINNETTE SPENCER and ANITA SPENCER, are residents of the State of Florida, residing in Charlotte County. At all times relevant hereto, Defendant, HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC., was an insurance company organized and existing under the laws of the State of Florida and doing business in the State of Florida and specifically in Charlotte County with Plaintiffs. The amount in controversy in this action is more than Two Thousand Five Hundred Dollars ($2,500.00) and less than Eight Thousand Dollars ($8,000.00) exclusive of pre-judgment interest, court costs, and attorney's fees. Count I-Breach of Contract Plaintiffs re-allege each and every allegation set forth in Paragraphs 1 through 3 above, as if fully set forth herein. This is an action for damages for breach of insurance contract against Defendant. In consideration of the premium paid to it, Defendant issued to Plaintiffs a contract of insurance, Policy No. HCPC-HO3-361462-9, which was in full force and effect at the time of the loss and damage at the insured premises at 242 Rockwood Street NW, Port Charlotte, Florida 33952 (hereinafter “Insured Property”). Attached hereto as Exhibit “A” is what Plaintiffs believe to be a true and accurate copy of the policy which underlies this action. During the effective period of the insurance policy, Plaintiffs’ Insured Property suffered direct physical damage and loss to the insured property. On or about August 9, 2021, Plaintiffs’ Insured Property was damaged as a result of wind created breach of building envelope and ensuing water and mold losses, a peril for which the policy of insurance issued by Defendant provides coverage. The sudden and unexpected loss caused by wind created breach of building envelope and ensuing water and mold losses caused Plaintiffs to sustain loss to the covered structure and its roof as well as the interior of the insured property. 10. The sudden and unexpected loss caused by wind created breach of building envelope and ensuing water and mold losses caused Plaintiffs to incur additional expenses and will continue to cause expenses and loss. 11 Plaintiffs have made a timely claim for the damage and loss. Defendant assigned Claim No. 911185. 12. Plaintiffs have requested that Defendant pay Plaintiffs for Plaintiffs’ damages, but Defendant has failed and refused and continues to refuse to fully pay the aforementioned damages. 13. The Plaintiffs have done and performed all those matters and things properly required of Plaintiffs under the insurance policy or, alternatively, has been excused from performance by the acts, or omissions of Defendant. 14. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under the insurance policy and has failed to pay promptly the full amounts due and has thereby breached the contract of insurance. 15 As a direct result of Defendant’s breach of insurance contract, Plaintiffs have been financially damaged and continues to suffer damage and loss. 16. Asaresult of Defendant’s breach of the insurance contract, it has become necessary for Plaintiffs to incur and become obligated for attorney's fees and costs in connection with the prosecution of this action. Plaintiffs are entitled to have Defendant pay said fees and costs pursuant to section 627.428, Florida Statutes. WHEREFORE, the Plaintiffs pray this Court enter judgment in Plaintiffs’ favor and against HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC., for damages including actual and compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other and further relief as this Court may deem appropriate. JURY TRIAL DEMANDED Plaintiffs request a trial by jury on all issues so triable. Dated: October 13, 2021 Respectfully submitted, KRAPF LEGAL, P.A. /s/ Grant W. Krapf, Esq. GRANT W. KRAPF, ESQ. FBN: 072058 2790 Sunset Point Road Clearwater, FL 33759 Telephone: (727) 777-7450 E-mail: grant@krapflegal.com ssist@krapflegal.com Counsel for Plaintiffs EXHIBIT "A" Cr Homeowners Choice Property & Casualty Insurance Company, Inc.” Homeowners Policy 5300 W. CYPRESS STREET, SUITE 100 TAMPA, FL 33607 CUSTOMER SERVICE: (888) 210-5235 TO REPORT A CLAIM, PLEASE CALL: (866) 324-3138 HCPC HOJ 09 15 Page 1 of 2 Jennonddiddindndacdcdaaacat Mi PORTANT NOTICE tiiitiiiisieniniei This policy is issued on behalf of Homeowners Choice Property & Casualty Insurance Company, Inc. (the Company) and by acceptance of this policy, you agree that: 1 The statements in the application are your representations; 2. This policy is issued in reliance upon the truth of those representations; and 3. This policy embodies all agreements existing between you and Homeowners Choice Property & Casualty Insurance Company, Inc. and any of our Producers relating to this policy. IN WITNESS WHEREOF: In consideration of your paid premium, the Company 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. “Qlt ELL Robert B. Reid, CPCU, Vice President - Operations Homeowners Choice Property & Casualty Insurance Company, Inc. HCPC HOJ 09 15 Page 2 of 2 Fon Hi OME! OWNERS CHOICE For policy questions, please contact your agent at For claims please call (941) 625-9998 (866) 324-3138 Proverry & Casuarry Insurance Company, Inc. For customer service please call (888) 210-5235 Homeowners Choice Property & Casualty Insurance Company Homeowners HO-3 Policy Declarations - Renewal Named Insured: Insured Location Policy Number HCPC-HO3-361462-9 Covered by this Policy: SINNETTE SPENCER 242 ROCKWOOD ST NW ANITA SPENCER PORT CHARLOTTE, FL 33952 Renewal 242 ROCKWOOD ST NW Policy Effective Date: dul 25, 2020 12:01AM PORT CHARLOTTE, FL 33952- 7932 Policy Expiration Date: Jul 25, 2021 12:01AM County: CHARLOTTE COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE Coverages Limit of Liability ‘Annual Premium Forms, Notices and Endorsements: Section | HCPC HOJ 09 15 HO 04 96 04 91 A. Dwelling $219,700 $1,177 OIR-B1-1670 (1-1-06) HC 23 94 HO3 03 13 HC OC HO3 08 16 HC HO 04 90 07 08 B. Other Structures $4,394 Included OIR-B1-1655 (Rev. 02/10) C. Personal Property $54,925 ($22) HC WL 05 13 Included HC 09 DN 12 13 D. Loss of Use $21,970 HC HO OL 12 17 Section Il HC HO3 TOC 01 20 E. Personal Liability $100,000 Included HC HO3 01 20 HC CGCC HO3 03 13 F. Medical Payments $2,000 Included HC 24 07 08 Endorsement Premium Total (See Details, P.2) $423 Rating Information: Credits and Charges: Year Built: 1980 Coverage A Increased due to an Inflation Factor Construction: Building Code Effectiveness Grading Adjustment Territory: 711 Windstorm Mitigation Credit Modified Deductibles Adjustment Protection Class: BCEG Grade: 99 Sprinkler: N Fire Alarm: No Underwriting Surcharges (See Details, P.2) $564 Burglar Alarm: No Total Annual Policy Premium $2,142 Wind Mitigation Factor: 0.720 (12710) Policy Fees (See Details, P.2) $27 Deductible-Section | In case of a loss, we cover only that part of Endorsement Fees (See Details, P.2) $0 the loss over the deductible stated: Total Policy Charges $2,169 10% ($21970) Sinkhole Deductible Premium Change Due to Rate Change $ 143 $2500 All Other Perils Deductible Premium Change Due to Coverage Change $83 Fee Change from Prior Term $0 2% ($4394) Hurricane Deductible The Hurricane portion of the Premium is: $1,140 The Non-Hurricane portion of the Premium is: $1,002 Please see Page 2 of the Declarations Page for important notices that apply to this policy. Agent: BRIAN CHAPMAN (Other: Bill To: 1st Lien BRIAN G CHAPMAN ist Lien - PHH MORTGAGE SERVICES, ISAOA, PO BOX 5954 2040 TAMIAMI TRL #A SPRINGFIELD, OH 45501 Loan # 7183487243 PORT CHARLOTTE, FL 33948 Phone: (41) 625-9998 Authorized Countersignature: eee ee Page 1 of 2 Sep 21, 2021 HC DEC2 03 05 13 10:36AM Policy Number: HCPC-HO3-361462-9 Endorsement Premium Details Limit of Liability Annual Premium Personal Property Replacement Coverage $423 Mold Coverage Property $10,000 Included Mold Coverage Liability $50,000 Included Permitted Incidental Occupancy Not Included Rental Surcharge - Property Not Included Rental Surcharge - Liability Not Included Loss Assessment Coverage $1,000 Included Ordinance or Law Coverage 25% of Coverage A Included Endorsement Premium Total $423 Underwriting Surcharges Details No Prior Insurance or Dec Page Adjustment $0 Seasonal or Unoccupied Surcharge $0 Age of Home Adjustment $564 Rate Equalization Credit $0 Voluntary Writing Credit $0 Discount Capping Adjustment $0 Underwriting Surcharges Total $564 Policy Fee Details Managing General Agency Fee $25 Emergency Management Preparedness and Assistance Trust Fund Fee $2 Florida Hurricane Catastrophe Fund Emergency Assessment $0 Citizens Property Insurance Corporation 2005 Emergency Assessment $0 2012 Florida Insurance Guaranty Association Regular Assessment $0 Policy Fee Total $27 Policy Changes and Endorsements Date Effective Premium Change Endorsement Total $0 NOTICES THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF- POCKET EXPENSES TO YOU. LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. THIS HOMEOWNERS POLICY DOES NOT COVER LOSSES DUE TO FLOOD AND RISING WATER. PLEASE CONTACT YOUR AGENT TO OBTAIN A NATIONAL FLOOD INSURANCE PROGRAM POLICY. Page 2 of 2 HC DEC2 03 05 13 Checklist of Coverage Policy Type: Homeowners (HO3) 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 this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at (800) 342-2762 or www-fldfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $219,700 Loss Settlement Basis: Replacement Cost Other Structure Coverage (Detached from Dwelling) Limit of Insurance: $4,394 Loss Settlement Basis: Replacement Cost Personal Property Coverage Limit of Insurance: $54,925 Loss Settlement Basis: Replacement Cost Deductibles Annual Hurricane: $4394 All Perils (Other Than Hurricane): $2,500 OIR-B1-1670 (1-1-06) Page 1 of 4 Checklist of Coverage (continued) The above Limit of Insurance, deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items marked below Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Fire or Lightning Hurricane 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 ] l Time Limit (Items below marked Y (Yes) indicate coverage |S included, those marked N (No) indicate coverage is NOT included) Y_ | Additional Living Expense 24 Consecutive Months y_ | Fair Rental Value $21,970 24 Consecutive Months Y_ | Civil Authority Prohibits Use 2 Weeks Property - Additional / Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of lincluded, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit included) Included Additional Y Debris Removal See Policy Y Y Reasonable Repairs See Policy Y Y Property Removed See Policy Y Credit Card, Electronic Fund Transfer Card, or $500 Access Device, Forgery and Counterfeit Money Loss Assessment $1,000 Collapse See Policy Glass or Safety Glazing Material See Policy Landlord's Furnishings See Policy Law and Ordinance $54,925 Grave Markers Mold / Fungi $10,000 OIR-B1-1670 (1-1-06) Page 2 of 4 Checklist of Coverage (continued) Discounts (Items below marked Y (Yes) indicate discount IS applied, those marked Dollar ($) Amount of Discount N (No) indicate discount is NOT applied) N_ | Multiple Policy N_ | Fire Alarm / Smoke Alarm / Burglar Alarm Included in Base Premium [Sprinkler Y Windstorm Loss Reduction Included in Base Premium Building Code Effectiveness Grading Schedule Included in Base Premium Other Included in Base Premium Insurer May Insert Any Other Property Coverage Below (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis: included, those marked N (No) indicate coverage is NOT (i.e. Replacement Cost, Actual Cash Value, included) Stated Value, etc.) Personal Liability Coverage Limit of Insurance: $100,000 Medical Payments to Other Coverage Limit of Insurance: $2,000 Liability - Additional / Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of lincluded, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit included) Included Additional Y Claim Expenses See Policy Y Y First aid Expenses See Policy Y Y Damage to Property of Others $500 Y Y Loss Assessment $1,000 Y Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance NOT included) OIR-B1-1670 (1-1-06) Page 3 of 4 Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners OUTLINE OF YOUR HOMEOWNERS POLICY The following outline of coverage is for informational purposes PERILS INSURED AGAINST only. Florida law prohibits this outline from changing any of Coverage A - Dwelling and Coverage B - Other Structures the provisions of the insurance contract which is the subject of This policy insures against risk of direct loss to covered this outline. Any endorsement regarding changes in types of property under Coverages A and B, unless not covered or coverage, exclusions, limitations, reductions, deductibles, excluded from coverage as described elsewhere in the coinsurance, renewal provisions, cancellation provisions, policy. surcharges, or discounts will be sent separately. Coverage C - Personal Property Please read your homeowners policy carefully for This policy insures against direct physical loss under complete descriptions and details. Coverage C except as limited or excluded by your policy, Contact your agent with any questions about this policy. caused by: SECTION | - PROPERTY COVERAGE Fire or Lightning Windstorm or Hail Coverage A - Dwelling Explosion or Smoke Protects against covered loss to your dwelling and structures Riot or Civil Commotion attached to your dwelling. It also protects against covered Aircraft or Vehicles loss to building materials located on your residence premises which are being used in connection with your residence Vandalism or Malicious Mischief premises. Theft (on premises only) Falling Objects Coverage B - Other Structures Weight of Ice, Snow or Sleet Protects against covered loss to structures on your residence Accidental Discharge or Overflow of Water or Steam premises not physically attached to the dwelling. Sudden and Accidental Tearing Apart, Cracking, Coverage C - Personal Property Burning or Bulging Protects against covered loss to your personal property such Freezing of Plumbing or Household Appliances as clothing and furniture. Special limits apply to some types of Sudden and Accidental Damage from Artificially personal property including but not limited to: money, Generated Electricity securities, watercraft, and theft of jewelry, firearms and . Volcanic Eruption silverware. . Catastrophic Ground Cover Collapse There are some items not covered under Coverage C. Some PROPERTY EXCLUSIONS examples are animals, food spoilage, motorized vehicles and property of roomers or boarders and other tenants. Loss by This policy does not provide protection under Coverages A, theft while property is located off the residence premises is B and C for losses resulting in any manner from: not covered. Please review your policy for a complete list of . Ordinance or Law items that have special limits or are excluded. . Earth Movement and Settlement, Other than a Catastrophic Ground Cover Collapse Coverage D - Loss of Use Sinkhole Activity or Sinkhole Loss Provides for the additional living expenses you incur while you Neglect or Intentional Loss are temporarily unable to live at your home because of a War or Nuclear Hazard covered loss. Payment would include such items as Theft Away from the Residence Premises temporary lodging and increased costs for food. Coverage D Animals is limited to 24 consecutive months from the date of the covered loss. Pre-event evacuation expenses are not covered Off Premises Power Failure under this policy. Inherent Vice, Decay, Defect and Mechanical Breakdown ADDITIONAL COVERAGES Flood and Other Water Damage Included in your homeowners policy, these additional Constant or Repeated Seepage or Leakage of Water or coverages include limitations and may not completely protect Steam you against loss. . Settling, Shrinking, Bulging or Expansion Debris Removal There are other exclusions. Please refer to your policy for Reasonable Emergency Measures complete details regarding exclusions. Trees, Shrubs and Other Plants Fire Department Service Charge OTHER LIMITATIONS Property Removed Reasonable Emergency Measures — Necessary measures Credit Card, Fund Transfer Card, Forgery and taken solely to protect covered property from further damage Counterfeit Money may not exceed the greater of $3,000 or 1% of the Coverage Loss Assessment Alimit unless approval is received in advance from us. Collapse Notice of Claim to Us - Windstorm or Hurricane - Any Glass or Safety Glazing Material claim, supplemental claim, reopened claim for loss or Landlord’s Fumishings damage caused by the peril of windstorm or hurricane is Fungi, Wet or Dry Rot, Yeast or Bacteria barred unless notice of the claim, supplemental claim, or Ordinance or Law reopened claim is given to us in accordance with the terms of the policy within three years after the hurricane first makes landfall or the windstorm caused the covered damage. Notice of Claim to Us - Sinkhole Loss - Any claim, including, but not limited to initial, supplemental, and HC OC HO3 08 16 Page 1 of 2 Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners reopened claims under this policy is barred unless notice of For all other cancellations, the following applies: the claim is given to us in accordance with the terms of the When the policy has been in effect for 90 days or less and policy within two years after you knew or reasonably should there has been a material misstatement, misrepresentation, have known about the sinkhole loss. or failure to comply with underwriting requirements, we may Deductibles — Your policy includes a Calendar Year cancel immediately. Hurricane Deductible and an All Other Perils Deductible, If your policy has been in effect for 90 days or less and the selected by you, as shown in your Declarations page. This is insurance is cancelled for other than nonpayment of premium, the amount of the loss you must incur before this policy pays. we may cancel by giving you at least 20 days’ notice before Sinkhole Loss — This policy does not protect you against the cancellation effective date. loss due to sinkhole activity, unless Sinkhole Loss If your policy has been in effect over 90 days, we may cancel Coverage is shown in your Declarations. Be sure to contact your policy for only a limited number of reasons. The reasons your agent to obtain this important coverage. include, but are not limited to, material misstatement or Flood Loss - This policy does not protect you against loss substantial change of risk. We will cancel by giving you due to flood, unless Flood Coverage is shown in your advance written notice at least 120 days before the Declarations. Flood is also available through the NFIP. cancellation effective date. Windstorm - In some areas of the state, generally coastal Nonrenewal - |f we do not intend to renew your policy, we areas; windstorm and hail coverage, including hurricane will mail written notice to you. We will do so at least 120 coverage, may not be provided in your policy. The days before the expiration date of the policy. exclusion of windstorm coverage is indicated by form HC Renewal - The renewal premium payment must be 'WX01 in your Declarations. Be sure to contact your agent to received no later than the renewal date or the policy will obtain this important coverage if it has been excluded from terminate. your policy. PREMIUM DISCOUNTS AND SURCHARGES Loss Settlement — Buildings under Coverage A or B are The following are brief descriptions of the premium covered at replacement cost. However, if at the time of loss, discounts and surcharges available on your homeowners the amount of insurance you have purchased for the insured policy. Your policy Declarations page will show which of building is less than 80% of the value of the building, we will these discounts and surcharges, if any, apply to your policy. not pay you replacement value. Instead we will pay the greater of either actual cash value of that part of the building Protective Devices - If your home has a qualified central damaged or a proportion of the cost to repair or replace that station burglar and/or fire alarm or automatic fire sprinkler part of the damaged building which the total amount of system, you may be eligible for a premium discount. insurance in your policy on the building bears to 80% of the Deductible Discount - Deductible options greater than the replacement cost of the building. calendar year hurricane deductible of 2% and other perils Vacant Property— If a loss occurs and the dwelling has been deductible of $1,000 are available at a premium discount. vacant for more than 30 consecutive days prior to the date of Deductibles less than the standard deductibles may be loss, there is no coverage for vandalism, sprinkler leakage, available, for an additional premium. glass breakage, water damage, theft or attempted theft, even Windstorm Mitigation Discount - Housing features such if they are a covered cause of loss. as roof covering, roof shape, roof deck attachments, SECTION Il - LIABILITY COVERAGE secondary water resistance, roof to wall connection and opening protection (qualifying shutters or other protective Coverage E - Personal Liability devices) may qualify for a premium discount. Contact your Provides coverage for bodily injury or property damage you or agent for more information. a person insured under your policy is legally obligated to pay. The bodily injury or property damage must arise from an Superior Construction - Certain homes of fire resistive or occurrence covered under Section II of your policy. wind resistive construction are eligible for a premium discount. Coverage F - Medical Payments to Others - Dwellings with Seasonal Occupancy Surcharge Provides coverage for reasonable and necessary medical continuous unoccupancy of more than six months. expenses if a guest is injured on your premises or, under Other Surcharges — Other surcharges may be levied in certain circumstances, off the insured premises. The bodily accordance with statute or Department of Financial Services injury must arise from an occurrence covered under Section II of your policy with limited exceptions. rules. These surcharges will be disclosed on your Declarations page when they become applicable. Some liabilities and medical expenses are not covered under OPTIONAL COVERAGES AVAILABLE Section Il. For example, there is no coverage for bodily injury . Sinkhole Loss Coverage or property damage arising from animals, watercraft, radon, pollutants, ingestion or inhalation of lead in any form or . Increased Limits for “Fungi,” Wet or Dry Rot, Yeast or substance, and under certain conditions, home day care Bacteria Coverage operations. Increased Limits for Ordinance or Law Coverage Other Structures — Increased Limits; Rented to NONRENEWAL AND CANCELLATION PROVISIONS Others All cancellations are granted a pro-rata return of premium. Personal Property Replacement Cost Permitted Incidental Occupancies Your Right to Cancel - You may cancel the policy at any Loss Assessment Coverage — Increased Limits time, for any reason, by giving us advance written notice of the future cancellation effective date. Coverage E — Personal Liability Increased Limits Flood Coverage Our Right to Cancel - If the cancellation is due to nonpayment of premium, we will give you at least ten days’ advance written notice. Page 2 of 2 HC OC HO3 08 16 Notice of Premium Discounts for Hurricane Loss Mitigation *** Important Information *** About Your Personal Residential Insurance Policy Dear Homeowner, Hurricanes have caused tens of billions of dollars in insured damages and predictions lof more catastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to cover potential future losses. Enclosed is information regarding wind loss mitigation which will make your home more resistant to wind and help protect your family during a catastrophic event. In addition to reducing your hurricane wind premium by installing mitigation features, you may also reduce the likelihood of out-of-pocket expenses, such as your hurricane deductible, you may otherwise incur after a catastrophic event. What factors are considered in establishing my premium? Your location: The closer a home is to the coast, the more vulnerable it is to damage caused by hurricane winds. This makes the hurricane-wind premium higher than similar homes in other areas of the state. Your policy: Your insurance policy is divided into two premiums: one for damage caused by hurricane force winds (hurricane-wind) and one for all other damage (all other perils), such as fire. Your deductible: Under the law, you are allowed to choose a $500, 2%, 5% or 10% deductible depending on the actual value of your home. Increasing your deductible percentage results in a lower hurricane-wind premium. The larger your deductible, the lower your hurricane-wind premium. However, if you select a higher deductible your out-of-pocket expenses in the event of a hurricane claim will be higher. Improvements to your home: The state requires insurance companies to offer discounts for protecting your home against damage caused by hurricane winds. Securing your roof so it doesn’t blow off and protecting your windows from flying debris are the two most cost effective measures you can take to safeguard your home and reduce your hurricane-wind premium. These discounts apply only to the hurricane-wind portion of your policy. The cost of the improvement projects vary. Homeowners should contact a licensed contractor for an estimate. You can find a Certified Contractor in your area by visiting the Florida Department of Business and Professional Regulation online at www.myfloridalicense.com. Your maximum discount: Discounts are not calculated cumulatively. The total discount is not the sum of the individual discounts. Instead, when one discount is applied, other discounts are reduced until you reach your maximum discount of 45%. OIR-B1-1655 (Rev. 02/10) Adopted by Rule 690-170.0155 Page 1 of 4 How can I take advantage of the discounts? Homeowners will need a qualified inspector such as a general, building or residential contractor licensed under Section 489.111, Florida Statutes, or a professional engineer licensed under Section 471.015, Florida Statutes, who has passed the appropriate equivalency test of the Building Code Training program as required by Section 553.841, Florida Statutes, or a professional architect licensed under Section 481.213, Florida Statutes, or a building code inspector certified under Section 468.607, to inspect the home to identify potential mitigation measures and verify improvements. For a listing of individuals and/or inspection companies meeting these qualifications, contact your insurance agent or insurance company. The following is an example of how much you can reduce your insurance premium if you have mitigating features on your home. The example is based on your hurricane-wind premium* of $1140 which is part of your total annual premium of $2142. Remember, the discounts shown only apply to the hurricane- wind portion of the premium and the discounts for the construction techniques and features listed below are not cumulative. * Wind mitigation credits apply to the portion of your premium which covers the peril of wind, whether or not a hurricane exists. Homes built prior to the 2001 building code Estimated* Premium | Estimated* Annual Discount Percent Premium ($) is Description of Feature Reduced by: Roof Covering (i.¢., shingles or tiles) e Meets the Florida Building Code. 3-7% $34 - $80 e Reinforced Concrete Roof Deck. 41-42% $467 - $479 (If this feature is installed on your home you most likely will not qualify for any other discount.) How Your Roof is Attached ¢ Using a 2" nail spaced at 6" from the edge of the 0% $0 plywood and 12" in the field of the plywood. e Using a 2 1