Preview
Filing # 156060727 E-Filed 08/24/2022 07:39:33 PM
IN THE CIRCUIT COURT
OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ROSARIO CALILAO and CASE NO.::
KARLA CALILAO,
Plaintiffs,
V.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
Plaintiffs, Rosario and Karla Calilao (the “Homeowners”), sue Defendant, Universal
Property & Casualty Insurance Company (the “Insurance Company”), and allege:
1. This is an action for damages in excess of $30,000 exclusive of interest, costs, and
attorneys’ fees.
2. At all material times, the Homeowners resided in Osceola County, Florida.
3. The Insurance Company is a Florida corporation licensed to do business in Florida
and is conducting business in Osceola County, Florida.
4. At all material times, the Homeowners entered into an insurance contract with the
Insurance Company bearing policy number 1501-1201-8513 (the “Policy”) that insured the
Homeowners’ home located at 2570 Oak Street, Kissimmee, Florida 34744 (the “Home’”’). A copy
of the Policy is attached as Exhibit A.
5. The Policy was issued on June 29, 2019.
6. On or about February 7, 2020, the Home suffered substantial damage as a result of
a tornado.
7. The Policy provided coverage for all the losses, damages, and expenses that the
IM MARANGES
Calilao v. Universal Prop. & Cas. Ins. Co.
Page 2 of 3
Homeowners suffered and incurred.
8. In accordance with the terms and conditions of the Policy, the Homeowners timely
notified the Insurance Company of their claim.
9. The Insurance Company acknowledged the Homeowners’ claim and assigned it
claim number 20FL-0104692 (the “Claim’’).
10. The Insurance Company subsequently issued payment to the Homeowners for a
portion of the Claim thereby acknowledging coverage for the Claim. A copy of the Insurance
Company’s letter acknowledging coverage for the Claim is attached as Exhibit B.
11. To date, however, the Insurance Company has failed and refused to fully
compensate the Homeowners for the damage to their Home resulting from the Claim.
12. The Homeowners have complied with all terms and conditions of the Policy, and
all conditions precedent to the bringing of this action have been performed, waived, or excused.
13. The Homeowners hired undersigned counsel to represent them in this action and
are obligated to pay their attorneys a reasonable fee for their services.
14. Pursuant to Section 627.428, Florida Statutes, the Homeowners are entitled to
recover the legal fees incurred in bringing this action.
COUNT I
BREACH OF CONTRACT
15. The Homeowners adopt and reallege paragraphs | through 14 above.
16. By failing to adjust the Claim with the Homeowners pursuant to the Policy’s “Loss
Payment” provision, and by failing to fully compensate the Homeowners for the Claim, the
Insurance Company has breached the Policy.
17. As aresult of the Insurance Company’s breach of the Policy, the Homeowners have
suffered damages, exclusive of costs and attorneys’ fees, in excess of the jurisdictional limits of
IM MARANGES L Aw
Calilao v. Universal Prop. & Cas. Ins. Co.
Page 3 of 3
this Court.
WHEREFORE, the Homeowners demand entry of a judgment in their favor and against
the Insurance Company for damages in excess of the jurisdictional limits of this Court, together
with pre-and post-judgment interest, attorneys’ fees, costs, and such other relief as the Court deems
appropriate.
DEMAND FOR JURY TRIAL
The Homeowners demanda trial by jury of all issues so triable as a matter of right.
Dated this 24" day of August, 2022.
MARANGES, PLLC
Counselfor Plaintiffs
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
Phone: (561) 210-9151
Facsimile: (954) 337-5855
By:/s/Teresita M. Perez
Teresita M. Perez
Florida Bar No. 56754
tere@imarangeslaw.com
Christopher J. Maranges
Florida Bar No. 69875
chris@marangeslaw.cor
IM MARANGES
EXHIBIT A
UNIVERSAL
PROPERTY CO EVOLUTION
RISK ADVISORS
Certified Policy Request
Policy Number 1501-1201-8513
Named Insured Rosario and Karla Calilao
Policy Term 06/29/2019 - 06/29/2020
To whom it may concern,
To the best of my knowledge, | believe this to be an accurate copy of the policy as of 02/07/2020.
Universal Property & Casualty Insurance Company does not intend, by this response nor any aspect of the claim
investigation, to waive any defenses, rights, including any right to rescind or cancel, or any terms or conditions of
the homeowners insurance policy.
Universal Property & Casualty Insurance Company expressly reserves all rights as stated in the homeowners
insurance policy and state statutes.
Cea ¢ Ah
Se a
.
Carlos Villasenor - Underwriting Director
Authorized Representative
Universal Property & Casualty Insurance Company, A Stock H a
Company omegowners =. (© UNIVERSAL
clo Evolution Risk Advisors, Inc.
4110 W. Commercial Blvd
Declaration Effective
06/29/2019
pe PROPERTYOO
Fort Lauderdale, FL 33309 Renewal Policy
THIS IS NOT A BILL
For Policy or Claims Questions Contact Your Agent Listed Below
Policy Number FROM Policy Period TO MORTGAGEE BILLED Agent Code
1501-1201-8513 06/29/2019 06/29/2020 12:01 AM Standard Time AE32
Named Insured and Address Agent Name and Address
Rosario and Karla Calilao Riemer Insurance Group
2570 Oak St. P.O. Box 250
Kissimmee, FL 34744 Hallandale, FL 33008
(407) 460-2776 (954) 454-3145
Insured Location
2570 OAK ST KISSIMMEE, FL 34744 OSCEOLA COUNTY
ooo Premium Summary ee
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments / Surcharges MGA Fees/Policy Fees (Including Assessments & Surcharges)
$4,154.00 ($1,376.00) $0.00 $27.00 $2,805.00
Dl Rating Information SL
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
HO3 Masonry 2002 N 1 Y 3 511 99
Dwelling Personal Property Protective Device Credits:
County Replacement Cost Replacement Cost Burglar Fire Sprinkler
Osceola Y Y Y Y N
We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions
of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to
the end of the current policy period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the
conditions of this policy.
COVERAGES - SECTION | LIMITS PREMIUMS COVERAGES - SECTION Il LIMITS PREMIUMS
Coverage A - Dwelling $453,325 $4,154.00 Coverage E - Personal Liability | $300,000 $18.00
Coverage B - Other Structure $45,338 Coverage F - Medical Payments $2,000 $4.00
Coverage C - Personal Property $226,663
Coverage D - Loss of Use $90,665
NOTE: The portion of your premium for hurricane coverage is: $872.91
The portion of your premium for all other coverages is: $1,932.09
Section | Coverages Subject to a Minimum 2.0% - $9,067 Hurricane Deductible Per Calendar Year.
Section | Coverages Subject to $1,000 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss.
The Ordinance or Law Coverage amount is 25% - $113,331
Flood coverage is not provided by Universal Property & Casualty Insurance Company and is not part of this policy.
Brian Riemer Sars Lo LE4,
Countersignature Date Chief Executive Officer
UPCIC HO DEC 15 11 18 Printed Date: 2/7/2020 11:16:04 AM 1 of 3
Company Property & Casualty Insurance Company, A Stock | | fh =~ ‘q UNIVERSAL
c/o Evolution Risk Advisors, Inc.
4110 W. Commercial Blvd
Declaration Effective \ — ~~f Ves, PROPERTY
06/29/2019 e!!
Fort Lauderdale, FL 33309 Renewal Policy
— Additional Interest —
Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03
GTE Federal Credit Union ISAOA, ATIMA C/O
Central Loan Administration & Reporting
PO Box 202028
Florence, SC 29502
49295694
Mortgagee
—_—_—_—_—__ Policy Forms & Endorsements Applicable to This Policy —_—_—_—_—__
NUMBER EDITION DESCRIPTION LIMITS PREMIUMS
UPCIC HO3 15 05 18 Homeowners 3 Special Form $4,154.00
UPCIC 905 15 03 18 Outline of Your Homeowner Policy
UPCIC 801 15 12 17 Windstorm Protective Devices ($1,841.00)
UPCIC 406 15 05 18 Personal Property Replacement Cost $630.00
UPCIC 802 15 12 17 Premises Alarm or Fire Protection System ($187.00)
UPCIC 201 15 02 18 Calendar Year Hurricane Deductible With Supplemental Reporting
Requirement - Florida
UPCIC 601 15 12 17 No Coverage for Home Day Care Business
Year Built Surcharge
Personal Liability Increase Endorsement $300,000 $18.00
Medical Payment Increase Endorsement $2,000 $4.00
Emergency Management Preparedness Assistance Trust Fund $2.00
MGA Fee $25.00
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING
CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES
NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY
PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN
ADDITIONAL PREMIUM.
UPCIC HO DEC 15 11 18 Printed Date: 2/7/2020 11:16:04 AM 2 0f 3
clo Evolution Risk Advisors, Inc. Declaration Effective. ./) PROPERTY
4110 W. Commercial Blvd 06/29/2019 — JS “a casnty
sora coun
Fort Lauderdale, FL 33309 Renewal Policy
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN
IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE
DISCUSS WITH YOUR INSURANCE AGENT.
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.
COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-PAY
PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO
YOU.
HOMEOWNERS
UPCIC HO3 15 05 18
TABLE OF CONTENTS
GENERAL Deductible ..................0cccccsesesesesesesssssesesssesesesesesees
20
AGreeMe
nt ......... ccc e cette eteeetetssttttteeetettstetsteee Duties After LOSS «1... esses eeetteeeeeneeeneeees
20
Y=)i100) 9 eG LOSS SettleMent «2... eects eee 2422
Loss to a Pair or Set.................ccccsesesesesesesesesesenees
SECTION I - PROPERTY COVERAGES Mediation or Appraisal ...........ccccccccssseseesesseseeeees
22
Coverage A - Dwelling .........:::sc:ccseesseestestesteteeeeeees8 Other Insurance and Service Agreemernt.............23
Special Limit of Liability Coverage A & B ........0.0....7 Our ODtiOn 0.0... cece cee cence eee ete teetentteeee 2O
Special Limits of Liability.........0.0... eee 8 Abandonment of Property .........:::teeceeretteeere
24
Property Not Covered...........:::ccccccsseseceeeeeeeteeeeeee Mortgage Clause... eee 24
Coverage D- Loss of OS © No Benefit to Bailee beceueeeaueeeceseeautecsesesanesaaeeestessane 24
Nuclear Hazard Clause................cccccccseseseseseseseeees
24
ADDITIONAL COVERAGES Recovered Property .........:cccecccceeessteeeeestteeeeetseees
24
Debris REMOVal ...........cccccecees
eee eeeeeeessteeeeeeeneeeeeeneD) Volcanic Eruption Period.............ccccccsseeeeesseeees
20
Reasonable Emergency Measures ................-.. 10 Policy Period 0.0.0... ecceeeseeeeeeeeeneeeeeteteeeeettaeeeeetaeees
QO
Trees, Shrubs and Other Plants ..................00. 10 Concealment Of Fraud ..........ccccccceccceeeeeeeseeeeeeeeeees QO
Fire Department Service Charge .............0c0cc 10 Loss Payable Clause .........0.
cee eee eee eeee 20
Property REMOVE..........cccccccsccesseecsteesssteeesseeeseee 11 Adjustment to Property Coverage Limits .............25
Credit Card, Electronic Fund Transfer Card or SECTION II — LIABILITY COVERAGES
Access Device, Forgery and Counterfeit Money. 11 oe
LOSS ASSCSSMENL........cscsccccscstetscscscsesteceeesseeseseaee 11 Coverage E — Personal Liability .....................:-25
COMA PSC «0... sesececccesssscecsessseesesestarsscscssseseecestseseses 12 Coverage F — Medical Payments to Others..........25
pass Oat lazing Material ........0 1 SECTION I - EXCLUSIONS
Ordinance or Law Sn 13
andlord’s FurnishingS..............ccccccccseeeseeeeeeeeeeeees
“Motor Vehicle Liability” ........-. sects25
Grave Markel.............:c:c:s:ssssesssesesssssstssssssssssereee VO “Watercraft Liability”... ees eeretserseees
26
Catastrophic Ground Cover Collapse wo... 14 ‘Aircraft Liability’ sree eeesnneeeeesssnntecteesnanetterssanesees 2G
“Fungi’, Wet or Dry Rot or Bacteria ..................... 14 Hovercraft Liability vec eceeeeceaaeasseeeeeeesaseasseeeeeseratens 20
Coverage E & Foi... ecccesceeeeseeceeeeseteeeeeseseeteeeeeee
20
SECTION | — PERILS INSURED AGAINST Coverage E oo. cceccseeeeeee ecient 28
SECTION I - EXCLUSIONS Claim Expenses ........0..ccceseesceeeseseessessssseseseeseneees
29
Ordinance Of LAW ............ccccceseseeesesssesetesesessesseeeee 18 First Aid EXP@nse ..........scseeeeeeeeeeeeetteeeeteeeettee
29
Earth Movement .............ccccccsesssessseeeeeeeseeeeeeeeeeees 18 Damage to Property of Othe’ ..........-.:seeeeeene 29
WALD oo. ccccecerereeeeereserersrertsetestsssesssessseseseseee 18 Loss ASS@SSMEM......... tee 80
IN e\e | (=e)eras fo) . oo
WAP... eeccceccccceceseseseseseessesesesesssesesessstsssssssessseseseseee 19 Limit Of Liability.......-. sects eeeeens BO
Nuclear HaZard ...........ccccc cece cess eeeeeeeeeeeeeeeeeeeeeee TQ Severability Of INSUTANCE........ eee eee OT
Intentional LOSS...........ccccccccsesseeeesesesseseseseeeeeseseee 19 Duties After “OCCUITENCE” ....... esses ST
Governmental Action ......cccccecseeeeeseee tees 19 Duties of an Injured Person — Coverage F —
Assignee(s) or Third Parties.............::::::ceeeeees 19 Medical Payments to OUNETS oo. seeese tere eer teen BT
Criminal or Illegal Activity... 19 Payment of Claim — Coverage F — Medical
“Fungi’, Wet or Dry Rot or Bacteria ..................... 19 Payment 10 ©)(a>)5 rrr i
Existing DaMage....ccsscssssssessseesseesseeesesesteeneeeeee 19 Suit Against US... cee eet OT
Bankruptcy of an “INSUrEd”...... eee OT
SECTION I — CONDITIONS Other INSUPANCE ou... eee ces eeseseeeesseesesenetesenseeeees
O1
Concealment OF Fraud ..........cccccccseseseeeseseseseseseeeee
OT
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 34
SECTION | AND II — CONDITIONS ASSIQNMEN LA... ee eeee cess te cece teteeeeettaeeeeetateeeettateeees
OO
: a Our Right to Recover Payment ..............::::0:0 09
Liberalization ClaUSE ...........eier eee ees 82 Death 0.0... ccceceesecccceeeceseesssceeeeeeeseeaeeeseceeeeeesaenesees OO
Waiver or Change of Policy Provisions ............... 32 Renewal Notification ....0..0cc cece sees e seen OS
Cancellation ...............:c0c:cscsssesesesssesssesesssssssssssssees OD Advance NOtiCe oo cooooccccccecoceeeecececeeeeeeceeeeseseecc 34
NONreN@Wal...........c:cccccccssececeeeeeaeseeeseseseseseseeeseeeees OO
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 2 of 34
HOMEOWNERS
UPCIC HO3 15 05 18
AGREEMENT (4) Motor vehicle means a "motor
We will provide the insurance described in this policy vehicle" as defined in 15. below, and
in return for the premium and compliance with all (5) Drone means a “drone” as defined in
applicable provisions of this policy. 5. below.
DEFINITIONS 2. “Bodily injury" means bodily harm, sickness
A. In this policy, "you" and "your" refer to the or disease, including required care, loss of
"named insured" shown in the Declarations and services and death that results.
the spouse if a resident of the same household. 3. "Business" means:
We", "us" and “our” refer to the Company a. A trade, profession or occupation
providing this insurance. engaged in on a full-time, part-time or
B. In addition, certain words and phrases are occasional basis;
defined as follows: b. “Home-sharing host activities”; or
1. r"Aircraft Liability",
ean a “Drone . Liability’,
eens ae c. . An y other activity
Pe engaged inF for money
Hovercraft Liability E Motor Vehicle Liability or other compensation, except the
and "Watercraft Liability", subject to the following:
provisions in b. below, mean the following: a ;
an Won om 4 (1) One or more activities, not described
a. Liability for "bodily injury or "property in (2) through (4) below, for which no
damage" arising out of the: "insured" receives more than $2,000
(1) Ownership, rental or borrowing of in total compensation for the 12
such vehicle or craft by an "insured"; months before the beginning of the
(2) Maintenance, occupancy, operation, policy period;
use, loading or unloading of such (2) Volunteer activities for which no
vehicle or craft by any person; money is received other than
(3) Entrustment of such vehicle or craft payment for expenses incurred to
by an "insured" to any person: perform the activity;
(4) Failure to supervise or negligent (3) Providing home day care services for
supervision of any person involving which no compensation is received,
such vehicle or craft by an "insured": other than the mutual exchange of
or such services; or
(5) Vicarious liability, whether or not (4) The rendering of home day care
imposed by law, for the actions of a services to a relative of an "insured".
child or minor involving such vehicle 4. “Catastrophic ground cover collapse” means
or craft. geological activity that results in all of the
b. For the purpose of this definition: following:
(1) Aircraft means any contrivance used a. The abrupt collapse of the ground cover;
or designed for flight, except model b. A depression in the ground cover clearly
or hobby aircraft not used or visible to the naked eye;
designed to carry people or cargo; c. “Structural damage” of the “principal
(2) Hovercraft means a _ self-propelled building” insured under this policy,
motorized ground effect vehicle and including the foundation; and
includes, but is not limited to, d. The “principal building” or structure being
flarecraft and air cushion vehicles; condemned and ordered to be vacated
(3) Watercraft means a craft principally by the governmental agency authorized
designed to be propelled on or in by law to issue such an order for that
water by wind, engine power or “principal building”.
electric motor; Damage consisting merely of the settling or
cracking of a foundation, structure, or building
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 3 of 34
does not constitute a loss resulting from a dwelling or other structure, in whole or in
“catastrophic ground cover collapse”. part; and
"Catastrophic ground cover collapse" b. Allows for the agreement and
coverage does not apply to Coverage B compensation with respect to such rental
structures. to be transacted through such online-
5. “Diminution in value” means any reduction in enabled application, web site or digital
value of any covered property prior to or network.
following repair or replacement as compared 11. "Home-sharing occupant" means a person,
to the value of that property immediately other than an "insured", who:
before the loss. a. Has entered into an agreement or
6. “Drone” means any unmanned aircraft or ship arranged compensation with an "insured"
that can navigate autonomously without through the use of a “home-sharing
human control or beyond line of sight by way network platform" for "home-sharing host
of GPS, remote control, or on_ board activities"; or
computer. b. Is accompanying or staying with a person
7. "Employee" means an employee of an described in Paragraph 11.a. of this
"insured", or an employee leased to an definition under such "home-sharing host
"insured" by a labor leasing firm under an activities".
agreement between an "insured" and the c. In this policy, the terms roomer, boarder,
labor leasing firm, whose duties are other tenant or guest do not include a “home-
than those performed by a _ "residence sharing occupant’.
employee". 12.
,
“Hurricane occurrence” means:
8. "Fungi" means:
; ; A storm system that has been declared to be
a. Any type or form of fungus, including a hurricane by the National Hurricane Center
mold or mildew, and any mycotoxins, of the National Weather Service, with a
spores, scents or byproducts produced or duration that:
released by fungi.
; ; ; a. Begins at the time a hurricane watch or
b. Under Section Il, this does not include hurricane warning is issued for any part
any fungi that are in, are on, or are of Florida by the National Hurricane
contained in, a good or product intended Center of the National Weather Service;
for consumption.
P ; usm b. Continues for the time period during
9. “Home-sharing host activities” means: which the hurricane conditions exist
a. The: anywhere in Florida; and
(1) Rental or holding for rental; or c. Ends 72 hours following the termination
(2) Mutual ; exchange of; services;
;
of the last hurricane watch or hurricane
warning issued for any part of Florida by
of the "residence premises", in whole or the National Hurricane Center of the
in part, by an “insured” to a “home- National Weather Service.
sharing occupant" through the use of a
"home-sharing network platform"; and 13. "Insured" means:
b. Any other related property or services a. You and residents of your household who
made available by an "insured" for use are:
during such: (1) Your relatives; or
(1) Rental; or (2) Other persons under the age of 21
(2) Mutual exchange of services; and in your care or the care of a
except those property or _ services resident of your household who is
provided by another party. your relative,
10. "Home-sharing network platform" means an b. A student enrolled in school full-time, as
online-enabled application, web site or digital defined by the school, who was a
network that: resident of your household before moving
out to attend school, provided the student
a. ls used for the purpose of facilitating, for is under the age of:
money,compensation,
other mutual exchange
the ofrental
services
of ora 4) 24 and and your relative,
(1) lative: or
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 4 of 34
(2) 21 and in your care or the care of a h. Any part of a premises occasionally
resident of your household who is rented to an "insured" for other than
your relative; or "business" use.
c. Under Section Il: 15. “Marring” means to:
(1) With respect to animals or watercraft a. Disfigure;
to which this policy applies, any b. Deface;
person or organization — legally
responsible for these animals or c. Scar; or
watercraft which are owned by you or d. Blemish.
any person described in 13.a. or b. 46. "Motor vehicle" means:
"Insured" does not mean a person or _
organization using or having custody
of these animals or watercraft in the
a Avehicle;
self-propelled
or
land or amphibious
course of any "business" or without b. Any trailer or semitrailer which is being
consent of the owner; or carried on, towed by or hitched for towing
(2) With respect to a "motor vehicle" to by a vehicle described in a. above.
which this policy applies: 17. "Occurrence" means an accident, including
employ or that of any person substantially the same general harmful
described in 13.a. or b.; or conditions, which results, during the policy
eriod, in:
(b) Other persons using the vehicle P , oy,
on an "insured location" with your a. “Bodily injury"; or
consent. b. "Property damage".
Under both Sections | and Il, when the word Assault or battery is not an “occurrence,”
an immediately precedes the word "insured", when committed by or at the direction of an
the words an "insured" together mean one or “insured”.
more "insureds". 18. “Personal injury” means injury that arises out
14. "Insured location" means: of one or more of the following offenses:
a. The "residence premises"; a. False arrest, detention or imprisonment;
b. The part of other premises, other b. Malicious prosecution;
strucmures and grounds used by you as a
residence, an
c. The wrongful eviction from, wrongful
entry into, or invasion of the right of
(1) Which is shown in the Declarations; private occupancy of a room, dwelling or
or premises that a person. occupies,
(2) Which is acquired by you during the committed by or on behalf of its owner,
policy period for your use as a landlord or lessor;
residence; d. Oral or written publication of material that
c. Any premises used by you in connection slanders or libels a person = or
with a premises described in a. and b. organization or disparages a person’s or
above: organization's goods, products’ or
services; or
d. Any part ofa premises: ; oo, ;
1: .. e. Oral or written publication of material that
(1) Not owned by an "insured", and violates a person’s right to privacy.
(2) Where an insured" is temporarily 19. “Primary structural member” means a
residing; structural element designed to provide
e. Vacant land, other than farm land, owned support and stability for the vertical or lateral
by or rented to an "insured"; loads of the overall structure.
f. Land owned by or rented to an "insured" 20. “Primary structural system” means an
on which a one- or two-family dwelling is assemblage of “primary structural members’.
being built as a residence for an 21. “Principal building’ means the dwelling where
insured"; you reside on the “residence premises”
g- Individual or family cemetery plots or shown in the Declarations, including
burial vaults of an "insured"; or structures attached to the dwelling. “Principal
UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 5 of 34
building” does not include any other buildings represents a safety hazard as defined
or structures at that location. within the Florida Building Code;
22. "Property damage" means physical injury to, b. Foundation displacement or deflection in
destruction of, or loss of use of tangible excess of acceptable variances as
property. defined in ACI 318-95 or the Florida
23. "Residence employee" means: Building Code, which results in
i: , settlement-related damage to _ the
a. An employee of an insured ; oF an “primary structural members” or “primary
employee leased to an "insured" by a structural systems” that prevents those
labor leasing firm, under an agreement members or systems from supporting the
between an "insured" and the labor loads and forces they were designed to
leasing firm, whose duties are related to support to the extent that stresses in
the maintenance or use of the "residence those “primary structural members” or
premises , including household — or “primary structural systems” exceeds one
domestic services; or and one-third the nominal strength
b. One who performs similar duties allowed under the Florida Building Code
elsewhere not related to the "business" of for new buildings of similar structure,
an "insured". purpose, or location;
A "residence employee" does not include a
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Filing # 156060727 E-Filed 08/24/2022 07:39:33 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ROSARIO CALILAO and CASE NO.:: KARLA CALILAO, Plaintiffs, V. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / COMPLAINT Plaintiffs, Rosario and Karla Calilao (the “Homeowners”), sue Defendant, Universal Property & Casualty Insurance Company (the “Insurance Company”), and allege: 1. This is an action for damages in excess of $30,000 exclusive of interest, costs, and attorneys’ fees. 2. At all material times, the Homeowners resided in Osceola County, Florida. 3. The Insurance Company is a Florida corporation licensed to do business in Florida and is conducting business in Osceola County, Florida. 4. At all material times, the Homeowners entered into an insurance contract with the Insurance Company bearing policy number 1501-1201-8513 (the “Policy”) that insured the Homeowners’ home located at 2570 Oak Street, Kissimmee, Florida 34744 (the “Home’”’). A copy of the Policy is attached as Exhibit A. 5. The Policy was issued on June 29, 2019. 6. On or about February 7, 2020, the Home suffered substantial damage as a result of a tornado. 7. The Policy provided coverage for all the losses, damages, and expenses that the IM MARANGES Calilao v. Universal Prop. & Cas. Ins. Co. Page 2 of 3 Homeowners suffered and incurred. 8. In accordance with the terms and conditions of the Policy, the Homeowners timely notified the Insurance Company of their claim. 9. The Insurance Company acknowledged the Homeowners’ claim and assigned it claim number 20FL-0104692 (the “Claim’’). 10. The Insurance Company subsequently issued payment to the Homeowners for a portion of the Claim thereby acknowledging coverage for the Claim. A copy of the Insurance Company’s letter acknowledging coverage for the Claim is attached as Exhibit B. 11. To date, however, the Insurance Company has failed and refused to fully compensate the Homeowners for the damage to their Home resulting from the Claim. 12. The Homeowners have complied with all terms and conditions of the Policy, and all conditions precedent to the bringing of this action have been performed, waived, or excused. 13. The Homeowners hired undersigned counsel to represent them in this action and are obligated to pay their attorneys a reasonable fee for their services. 14. Pursuant to Section 627.428, Florida Statutes, the Homeowners are entitled to recover the legal fees incurred in bringing this action. COUNT I BREACH OF CONTRACT 15. The Homeowners adopt and reallege paragraphs | through 14 above. 16. By failing to adjust the Claim with the Homeowners pursuant to the Policy’s “Loss Payment” provision, and by failing to fully compensate the Homeowners for the Claim, the Insurance Company has breached the Policy. 17. As aresult of the Insurance Company’s breach of the Policy, the Homeowners have suffered damages, exclusive of costs and attorneys’ fees, in excess of the jurisdictional limits of IM MARANGES L Aw Calilao v. Universal Prop. & Cas. Ins. Co. Page 3 of 3 this Court. WHEREFORE, the Homeowners demand entry of a judgment in their favor and against the Insurance Company for damages in excess of the jurisdictional limits of this Court, together with pre-and post-judgment interest, attorneys’ fees, costs, and such other relief as the Court deems appropriate. DEMAND FOR JURY TRIAL The Homeowners demanda trial by jury of all issues so triable as a matter of right. Dated this 24" day of August, 2022. MARANGES, PLLC Counselfor Plaintiffs 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 Phone: (561) 210-9151 Facsimile: (954) 337-5855 By:/s/Teresita M. Perez Teresita M. Perez Florida Bar No. 56754 tere@imarangeslaw.com Christopher J. Maranges Florida Bar No. 69875 chris@marangeslaw.cor IM MARANGES EXHIBIT A UNIVERSAL PROPERTY CO EVOLUTION RISK ADVISORS Certified Policy Request Policy Number 1501-1201-8513 Named Insured Rosario and Karla Calilao Policy Term 06/29/2019 - 06/29/2020 To whom it may concern, To the best of my knowledge, | believe this to be an accurate copy of the policy as of 02/07/2020. Universal Property & Casualty Insurance Company does not intend, by this response nor any aspect of the claim investigation, to waive any defenses, rights, including any right to rescind or cancel, or any terms or conditions of the homeowners insurance policy. Universal Property & Casualty Insurance Company expressly reserves all rights as stated in the homeowners insurance policy and state statutes. Cea ¢ Ah Se a . Carlos Villasenor - Underwriting Director Authorized Representative Universal Property & Casualty Insurance Company, A Stock H a Company omegowners =. (© UNIVERSAL clo Evolution Risk Advisors, Inc. 4110 W. Commercial Blvd Declaration Effective 06/29/2019 pe PROPERTYOO Fort Lauderdale, FL 33309 Renewal Policy THIS IS NOT A BILL For Policy or Claims Questions Contact Your Agent Listed Below Policy Number FROM Policy Period TO MORTGAGEE BILLED Agent Code 1501-1201-8513 06/29/2019 06/29/2020 12:01 AM Standard Time AE32 Named Insured and Address Agent Name and Address Rosario and Karla Calilao Riemer Insurance Group 2570 Oak St. P.O. Box 250 Kissimmee, FL 34744 Hallandale, FL 33008 (407) 460-2776 (954) 454-3145 Insured Location 2570 OAK ST KISSIMMEE, FL 34744 OSCEOLA COUNTY ooo Premium Summary ee Basic Coverages Attached Endorsements Total Policy Premium Premium Premium Assessments / Surcharges MGA Fees/Policy Fees (Including Assessments & Surcharges) $4,154.00 ($1,376.00) $0.00 $27.00 $2,805.00 Dl Rating Information SL Townhouse/ Number of Protection Form Construction Year Rowhouse Families Occupied Class Territory BCEG HO3 Masonry 2002 N 1 Y 3 511 99 Dwelling Personal Property Protective Device Credits: County Replacement Cost Replacement Cost Burglar Fire Sprinkler Osceola Y Y Y Y N We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the conditions of this policy. COVERAGES - SECTION | LIMITS PREMIUMS COVERAGES - SECTION Il LIMITS PREMIUMS Coverage A - Dwelling $453,325 $4,154.00 Coverage E - Personal Liability | $300,000 $18.00 Coverage B - Other Structure $45,338 Coverage F - Medical Payments $2,000 $4.00 Coverage C - Personal Property $226,663 Coverage D - Loss of Use $90,665 NOTE: The portion of your premium for hurricane coverage is: $872.91 The portion of your premium for all other coverages is: $1,932.09 Section | Coverages Subject to a Minimum 2.0% - $9,067 Hurricane Deductible Per Calendar Year. Section | Coverages Subject to $1,000 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss. The Ordinance or Law Coverage amount is 25% - $113,331 Flood coverage is not provided by Universal Property & Casualty Insurance Company and is not part of this policy. Brian Riemer Sars Lo LE4, Countersignature Date Chief Executive Officer UPCIC HO DEC 15 11 18 Printed Date: 2/7/2020 11:16:04 AM 1 of 3 Company Property & Casualty Insurance Company, A Stock | | fh =~ ‘q UNIVERSAL c/o Evolution Risk Advisors, Inc. 4110 W. Commercial Blvd Declaration Effective \ — ~~f Ves, PROPERTY 06/29/2019 e!! Fort Lauderdale, FL 33309 Renewal Policy — Additional Interest — Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03 GTE Federal Credit Union ISAOA, ATIMA C/O Central Loan Administration & Reporting PO Box 202028 Florence, SC 29502 49295694 Mortgagee —_—_—_—_—__ Policy Forms & Endorsements Applicable to This Policy —_—_—_—_—__ NUMBER EDITION DESCRIPTION LIMITS PREMIUMS UPCIC HO3 15 05 18 Homeowners 3 Special Form $4,154.00 UPCIC 905 15 03 18 Outline of Your Homeowner Policy UPCIC 801 15 12 17 Windstorm Protective Devices ($1,841.00) UPCIC 406 15 05 18 Personal Property Replacement Cost $630.00 UPCIC 802 15 12 17 Premises Alarm or Fire Protection System ($187.00) UPCIC 201 15 02 18 Calendar Year Hurricane Deductible With Supplemental Reporting Requirement - Florida UPCIC 601 15 12 17 No Coverage for Home Day Care Business Year Built Surcharge Personal Liability Increase Endorsement $300,000 $18.00 Medical Payment Increase Endorsement $2,000 $4.00 Emergency Management Preparedness Assistance Trust Fund $2.00 MGA Fee $25.00 YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. UPCIC HO DEC 15 11 18 Printed Date: 2/7/2020 11:16:04 AM 2 0f 3 clo Evolution Risk Advisors, Inc. Declaration Effective. ./) PROPERTY 4110 W. Commercial Blvd 06/29/2019 — JS “a casnty sora coun Fort Lauderdale, FL 33309 Renewal Policy LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. 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. COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. HOMEOWNERS UPCIC HO3 15 05 18 TABLE OF CONTENTS GENERAL Deductible ..................0cccccsesesesesesesssssesesssesesesesesees 20 AGreeMe nt ......... ccc e cette eteeetetssttttteeetettstetsteee Duties After LOSS «1... esses eeetteeeeeneeeneeees 20 Y=)i100) 9 eG LOSS SettleMent «2... eects eee 2422 Loss to a Pair or Set.................ccccsesesesesesesesesesenees SECTION I - PROPERTY COVERAGES Mediation or Appraisal ...........ccccccccssseseesesseseeeees 22 Coverage A - Dwelling .........:::sc:ccseesseestestesteteeeeeees8 Other Insurance and Service Agreemernt.............23 Special Limit of Liability Coverage A & B ........0.0....7 Our ODtiOn 0.0... cece cee cence eee ete teetentteeee 2O Special Limits of Liability.........0.0... eee 8 Abandonment of Property .........:::teeceeretteeere 24 Property Not Covered...........:::ccccccsseseceeeeeeeteeeeeee Mortgage Clause... eee 24 Coverage D- Loss of OS © No Benefit to Bailee beceueeeaueeeceseeautecsesesanesaaeeestessane 24 Nuclear Hazard Clause................cccccccseseseseseseseeees 24 ADDITIONAL COVERAGES Recovered Property .........:cccecccceeessteeeeestteeeeetseees 24 Debris REMOVal ...........cccccecees eee eeeeeeessteeeeeeeneeeeeeneD) Volcanic Eruption Period.............ccccccsseeeeesseeees 20 Reasonable Emergency Measures ................-.. 10 Policy Period 0.0.0... ecceeeseeeeeeeeeneeeeeteteeeeettaeeeeetaeees QO Trees, Shrubs and Other Plants ..................00. 10 Concealment Of Fraud ..........ccccccceccceeeeeeeseeeeeeeeeees QO Fire Department Service Charge .............0c0cc 10 Loss Payable Clause .........0. cee eee eee eeee 20 Property REMOVE..........cccccccsccesseecsteesssteeesseeeseee 11 Adjustment to Property Coverage Limits .............25 Credit Card, Electronic Fund Transfer Card or SECTION II — LIABILITY COVERAGES Access Device, Forgery and Counterfeit Money. 11 oe LOSS ASSCSSMENL........cscsccccscstetscscscsesteceeesseeseseaee 11 Coverage E — Personal Liability .....................:-25 COMA PSC «0... sesececccesssscecsessseesesestarsscscssseseecestseseses 12 Coverage F — Medical Payments to Others..........25 pass Oat lazing Material ........0 1 SECTION I - EXCLUSIONS Ordinance or Law Sn 13 andlord’s FurnishingS..............ccccccccseeeseeeeeeeeeeeees “Motor Vehicle Liability” ........-. sects25 Grave Markel.............:c:c:s:ssssesssesesssssstssssssssssereee VO “Watercraft Liability”... ees eeretserseees 26 Catastrophic Ground Cover Collapse wo... 14 ‘Aircraft Liability’ sree eeesnneeeeesssnntecteesnanetterssanesees 2G “Fungi’, Wet or Dry Rot or Bacteria ..................... 14 Hovercraft Liability vec eceeeeceaaeasseeeeeeesaseasseeeeeseratens 20 Coverage E & Foi... ecccesceeeeseeceeeeseteeeeeseseeteeeeeee 20 SECTION | — PERILS INSURED AGAINST Coverage E oo. cceccseeeeeee ecient 28 SECTION I - EXCLUSIONS Claim Expenses ........0..ccceseesceeeseseessessssseseseeseneees 29 Ordinance Of LAW ............ccccceseseeesesssesetesesessesseeeee 18 First Aid EXP@nse ..........scseeeeeeeeeeeeetteeeeteeeettee 29 Earth Movement .............ccccccsesssessseeeeeeeseeeeeeeeeeees 18 Damage to Property of Othe’ ..........-.:seeeeeene 29 WALD oo. ccccecerereeeeereserersrertsetestsssesssessseseseseee 18 Loss ASS@SSMEM......... tee 80 IN e\e | (=e)eras fo) . oo WAP... eeccceccccceceseseseseseessesesesesssesesessstsssssssessseseseseee 19 Limit Of Liability.......-. sects eeeeens BO Nuclear HaZard ...........ccccc cece cess eeeeeeeeeeeeeeeeeeeeeee TQ Severability Of INSUTANCE........ eee eee OT Intentional LOSS...........ccccccccsesseeeesesesseseseseeeeeseseee 19 Duties After “OCCUITENCE” ....... esses ST Governmental Action ......cccccecseeeeeseee tees 19 Duties of an Injured Person — Coverage F — Assignee(s) or Third Parties.............::::::ceeeeees 19 Medical Payments to OUNETS oo. seeese tere eer teen BT Criminal or Illegal Activity... 19 Payment of Claim — Coverage F — Medical “Fungi’, Wet or Dry Rot or Bacteria ..................... 19 Payment 10 ©)(a>)5 rrr i Existing DaMage....ccsscssssssessseesseesseeesesesteeneeeeee 19 Suit Against US... cee eet OT Bankruptcy of an “INSUrEd”...... eee OT SECTION I — CONDITIONS Other INSUPANCE ou... eee ces eeseseeeesseesesenetesenseeeees O1 Concealment OF Fraud ..........cccccccseseseeeseseseseseseeeee OT UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 34 SECTION | AND II — CONDITIONS ASSIQNMEN LA... ee eeee cess te cece teteeeeettaeeeeetateeeettateeees OO : a Our Right to Recover Payment ..............::::0:0 09 Liberalization ClaUSE ...........eier eee ees 82 Death 0.0... ccceceesecccceeeceseesssceeeeeeeseeaeeeseceeeeeesaenesees OO Waiver or Change of Policy Provisions ............... 32 Renewal Notification ....0..0cc cece sees e seen OS Cancellation ...............:c0c:cscsssesesesssesssesesssssssssssssees OD Advance NOtiCe oo cooooccccccecoceeeecececeeeeeeceeeeseseecc 34 NONreN@Wal...........c:cccccccssececeeeeeaeseeeseseseseseseeeseeeees OO UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 2 of 34 HOMEOWNERS UPCIC HO3 15 05 18 AGREEMENT (4) Motor vehicle means a "motor We will provide the insurance described in this policy vehicle" as defined in 15. below, and in return for the premium and compliance with all (5) Drone means a “drone” as defined in applicable provisions of this policy. 5. below. DEFINITIONS 2. “Bodily injury" means bodily harm, sickness A. In this policy, "you" and "your" refer to the or disease, including required care, loss of "named insured" shown in the Declarations and services and death that results. the spouse if a resident of the same household. 3. "Business" means: We", "us" and “our” refer to the Company a. A trade, profession or occupation providing this insurance. engaged in on a full-time, part-time or B. In addition, certain words and phrases are occasional basis; defined as follows: b. “Home-sharing host activities”; or 1. r"Aircraft Liability", ean a “Drone . Liability’, eens ae c. . An y other activity Pe engaged inF for money Hovercraft Liability E Motor Vehicle Liability or other compensation, except the and "Watercraft Liability", subject to the following: provisions in b. below, mean the following: a ; an Won om 4 (1) One or more activities, not described a. Liability for "bodily injury or "property in (2) through (4) below, for which no damage" arising out of the: "insured" receives more than $2,000 (1) Ownership, rental or borrowing of in total compensation for the 12 such vehicle or craft by an "insured"; months before the beginning of the (2) Maintenance, occupancy, operation, policy period; use, loading or unloading of such (2) Volunteer activities for which no vehicle or craft by any person; money is received other than (3) Entrustment of such vehicle or craft payment for expenses incurred to by an "insured" to any person: perform the activity; (4) Failure to supervise or negligent (3) Providing home day care services for supervision of any person involving which no compensation is received, such vehicle or craft by an "insured": other than the mutual exchange of or such services; or (5) Vicarious liability, whether or not (4) The rendering of home day care imposed by law, for the actions of a services to a relative of an "insured". child or minor involving such vehicle 4. “Catastrophic ground cover collapse” means or craft. geological activity that results in all of the b. For the purpose of this definition: following: (1) Aircraft means any contrivance used a. The abrupt collapse of the ground cover; or designed for flight, except model b. A depression in the ground cover clearly or hobby aircraft not used or visible to the naked eye; designed to carry people or cargo; c. “Structural damage” of the “principal (2) Hovercraft means a _ self-propelled building” insured under this policy, motorized ground effect vehicle and including the foundation; and includes, but is not limited to, d. The “principal building” or structure being flarecraft and air cushion vehicles; condemned and ordered to be vacated (3) Watercraft means a craft principally by the governmental agency authorized designed to be propelled on or in by law to issue such an order for that water by wind, engine power or “principal building”. electric motor; Damage consisting merely of the settling or cracking of a foundation, structure, or building UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 3 of 34 does not constitute a loss resulting from a dwelling or other structure, in whole or in “catastrophic ground cover collapse”. part; and "Catastrophic ground cover collapse" b. Allows for the agreement and coverage does not apply to Coverage B compensation with respect to such rental structures. to be transacted through such online- 5. “Diminution in value” means any reduction in enabled application, web site or digital value of any covered property prior to or network. following repair or replacement as compared 11. "Home-sharing occupant" means a person, to the value of that property immediately other than an "insured", who: before the loss. a. Has entered into an agreement or 6. “Drone” means any unmanned aircraft or ship arranged compensation with an "insured" that can navigate autonomously without through the use of a “home-sharing human control or beyond line of sight by way network platform" for "home-sharing host of GPS, remote control, or on_ board activities"; or computer. b. Is accompanying or staying with a person 7. "Employee" means an employee of an described in Paragraph 11.a. of this "insured", or an employee leased to an definition under such "home-sharing host "insured" by a labor leasing firm under an activities". agreement between an "insured" and the c. In this policy, the terms roomer, boarder, labor leasing firm, whose duties are other tenant or guest do not include a “home- than those performed by a _ "residence sharing occupant’. employee". 12. , “Hurricane occurrence” means: 8. "Fungi" means: ; ; A storm system that has been declared to be a. Any type or form of fungus, including a hurricane by the National Hurricane Center mold or mildew, and any mycotoxins, of the National Weather Service, with a spores, scents or byproducts produced or duration that: released by fungi. ; ; ; a. Begins at the time a hurricane watch or b. Under Section Il, this does not include hurricane warning is issued for any part any fungi that are in, are on, or are of Florida by the National Hurricane contained in, a good or product intended Center of the National Weather Service; for consumption. P ; usm b. Continues for the time period during 9. “Home-sharing host activities” means: which the hurricane conditions exist a. The: anywhere in Florida; and (1) Rental or holding for rental; or c. Ends 72 hours following the termination (2) Mutual ; exchange of; services; ; of the last hurricane watch or hurricane warning issued for any part of Florida by of the "residence premises", in whole or the National Hurricane Center of the in part, by an “insured” to a “home- National Weather Service. sharing occupant" through the use of a "home-sharing network platform"; and 13. "Insured" means: b. Any other related property or services a. You and residents of your household who made available by an "insured" for use are: during such: (1) Your relatives; or (1) Rental; or (2) Other persons under the age of 21 (2) Mutual exchange of services; and in your care or the care of a except those property or _ services resident of your household who is provided by another party. your relative, 10. "Home-sharing network platform" means an b. A student enrolled in school full-time, as online-enabled application, web site or digital defined by the school, who was a network that: resident of your household before moving out to attend school, provided the student a. ls used for the purpose of facilitating, for is under the age of: money,compensation, other mutual exchange the ofrental services of ora 4) 24 and and your relative, (1) lative: or UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 4 of 34 (2) 21 and in your care or the care of a h. Any part of a premises occasionally resident of your household who is rented to an "insured" for other than your relative; or "business" use. c. Under Section Il: 15. “Marring” means to: (1) With respect to animals or watercraft a. Disfigure; to which this policy applies, any b. Deface; person or organization — legally responsible for these animals or c. Scar; or watercraft which are owned by you or d. Blemish. any person described in 13.a. or b. 46. "Motor vehicle" means: "Insured" does not mean a person or _ organization using or having custody of these animals or watercraft in the a Avehicle; self-propelled or land or amphibious course of any "business" or without b. Any trailer or semitrailer which is being consent of the owner; or carried on, towed by or hitched for towing (2) With respect to a "motor vehicle" to by a vehicle described in a. above. which this policy applies: 17. "Occurrence" means an accident, including employ or that of any person substantially the same general harmful described in 13.a. or b.; or conditions, which results, during the policy eriod, in: (b) Other persons using the vehicle P , oy, on an "insured location" with your a. “Bodily injury"; or consent. b. "Property damage". Under both Sections | and Il, when the word Assault or battery is not an “occurrence,” an immediately precedes the word "insured", when committed by or at the direction of an the words an "insured" together mean one or “insured”. more "insureds". 18. “Personal injury” means injury that arises out 14. "Insured location" means: of one or more of the following offenses: a. The "residence premises"; a. False arrest, detention or imprisonment; b. The part of other premises, other b. Malicious prosecution; strucmures and grounds used by you as a residence, an c. The wrongful eviction from, wrongful entry into, or invasion of the right of (1) Which is shown in the Declarations; private occupancy of a room, dwelling or or premises that a person. occupies, (2) Which is acquired by you during the committed by or on behalf of its owner, policy period for your use as a landlord or lessor; residence; d. Oral or written publication of material that c. Any premises used by you in connection slanders or libels a person = or with a premises described in a. and b. organization or disparages a person’s or above: organization's goods, products’ or services; or d. Any part ofa premises: ; oo, ; 1: .. e. Oral or written publication of material that (1) Not owned by an "insured", and violates a person’s right to privacy. (2) Where an insured" is temporarily 19. “Primary structural member” means a residing; structural element designed to provide e. Vacant land, other than farm land, owned support and stability for the vertical or lateral by or rented to an "insured"; loads of the overall structure. f. Land owned by or rented to an "insured" 20. “Primary structural system” means an on which a one- or two-family dwelling is assemblage of “primary structural members’. being built as a residence for an 21. “Principal building’ means the dwelling where insured"; you reside on the “residence premises” g- Individual or family cemetery plots or shown in the Declarations, including burial vaults of an "insured"; or structures attached to the dwelling. “Principal UPCIC HO3 15 05 18 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Page 5 of 34 building” does not include any other buildings represents a safety hazard as defined or structures at that location. within the Florida Building Code; 22. "Property damage" means physical injury to, b. Foundation displacement or deflection in destruction of, or loss of use of tangible excess of acceptable variances as property. defined in ACI 318-95 or the Florida 23. "Residence employee" means: Building Code, which results in i: , settlement-related damage to _ the a. An employee of an insured ; oF an “primary structural members” or “primary employee leased to an "insured" by a structural systems” that prevents those labor leasing firm, under an agreement members or systems from supporting the between an "insured" and the labor loads and forces they were designed to leasing firm, whose duties are related to support to the extent that stresses in the maintenance or use of the "residence those “primary structural members” or premises , including household — or “primary structural systems” exceeds one domestic services; or and one-third the nominal strength b. One who performs similar duties allowed under the Florida Building Code elsewhere not related to the "business" of for new buildings of similar structure, an "insured". purpose, or location; A "residence employee" does not include a