Motion,Ex Parte: LIEU, LISA V OLYMPUS INSURANCE COMPANY

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                                Filing # 132548849 E-Filed 08/12/2021 12:32:29 PM

OLY-33997S
IN THE CIRCUIT COURT OF THE 15TH

JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA

CASE NO. 05-2020-CA-013056
LISA LIEU AND DUC NGUYEN,

Plaintiff,
vs.

OLYMPUS INSURANCE COMPANY,

Defendant.

DEFENDANTS’ MOTION FOR LEAVE TO AMEND AFFIRMATIVE DEFENSES TO
PLAINTIFFS’ COMPLAINT

Defendant, OLYMPUS INSURANCE COMPANY (“Defendant”), by and through the
undersigned attorney, hereby files its Motion for Leave to its Affirmative Defenses to Plaintiffs’
Complaint and in support states as follows:

1. On November 24, 2020, Plaintiffs filed a Complaint in this action against Defendant,
OLYMPUS INSURANCE COMPANY. [Exhibit A].

2. On December 29, 2020, OLYMPUS filed its Answer and Affirmative Defenses to
Plaintiffs’ Complaint. [Exhibit B].

3. Defendant hereby moves this Court to amend its affirmative defenses to include the
attached Amended Affirmative Defenses, which are amended to assert additional defenses, which
are now known and add facts to said Affirmative Defenses. [See Exhibit C attached hereto.]

4. Rule 1.190 of the Florida Rules of Civil Procedure allows amendments to pleadings and
states that “leave of court shall be freely given when justice so requires.”

5. Courts should allow for liberal amendment of pleadings, except where amendment would

*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/12/2021 12:32:29 PM ***prejudice the opposing party. See Leavitt v. Garson, 528 So.2d 108 (Fla. 4th DCA 1988).

6. There will be no prejudice to the Plaintiffs by granting the instant motion.

7. This case is not yet set for trial.

8. Defendant will be substantially prejudiced by not granting its Motion to Amend the

Affirmative Defenses.

9. In exercising its discretion to allow the amendment of pleadings, the trial court should still
weigh the amendment in terms of the prejudice to the opposing party in the preparation for trial; if
the amendment simply restates an issue already present in the case of which the opposing party is
aware and needs no extensive preparation for trial, then there may be no prejudice to the opposing
party and great prejudice to the moving party to deny the amendment. Newman v. State Farm Mut.
Auto. Ins. Co., 858 So.2d 1205 (Fla. 4th DCA 2003).

10. Defendant’s proposed Amended Affirmative Defenses to Plaintiffs’ Complaint asserts
facts that are already known to the Plaintiffs.

11. The proposed amended affirmative defenses are attached hereto.

12. The undersigned certifies that this Motion has been filed in good faith and not for purposes
of undue delay.

WHEREFORE, on the basis of the above and foregoing grounds, Defendant, OLYMPUS
INSURANCE COMPANY respectfully requests this Honorable Court to enter an order granting
its Motion to Amend the Affirmative Defenses to Plaintiffs’ Compliant and any other relief the
Court deems just and proper.

CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished

via Electronic Mail, to all counsel of record on the attached Service List 12th day of August, 2021.SERVICE LIST

Counsel for Plaintiffs

Ricki D. Frand, Esquire

HL Law Group, P.A.

2601 East Oakland Park Blvd., Ste. 503
Fort Lauderdale, FL 33306
RFrand@HLLawGroup.com
Barbara@HLLawGroup.com
DRoper@HLLawGroup.com

LUKS, SANTANIELLO, PETRILLO
COHEN & PETERFRIEND

Attorneys for Defendant

729 SW Federal Highway, Ste. 222
Stuart, FL 34994

Telephone: 772-678-6080

Facsimile: 772-678-6631

/s/ Jermaine K. Jackson, Esquire
By:
JERMAINE K. JACKSON, ESQ.
Fla Bar No.: 110372

Email: jjackson@insurancedefense.netFiling # 117234479 E-Filed 11/24/2020 04:43:28 PM

IN THE CIRCUIT COURT OF THE
15™ JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY,
LISA LIEU AND DUC NGUYEN, FLORIDA
Plaintiff, CASE NO.:
v.

OLYMPUS INSURANCE COMPANY,

Defendant.
/

COMPLAINT FOR DAMAGES
Plaintiff, LISA LIEU AND DUC NGUYEN (hereinafter the “Plaintiff’), hereby sues
Defendant, OLYMPUS INSURANCE COMPANY (hereinafter the “Defendant”), and states as
follows:

PARTIES, JURISDICTION & VENUE

 

1. This is an action for damages under an insurance policy resulting from loss of
property wherein the amount in controversy exceeds Thirty Thousand Dollars ($30,000.00),
exclusive of costs, interest and attorney’s fees, and is therefore within the jurisdiction of this Court.

2. At all times material hereto, Plaintiff was insured by Defendant under a property
insurance policy issued by Defendant, was and is an individual over the age of eighteen (18) years
that owned real property in Palm Beach County, Florida, and was otherwise sui juris.

3. Atall times material hereto, Defendant was and is an insurance company authorized
to conduct and was in fact conducting business in Palm Beach County, Florida.

4. Venue is proper in Palm Beach County, Florida as Palm Beach County, Florida is
the locale where the cause of action accrued.

5. All conditions precedent have been satisfied, discharged or waived

Page 1 of 6
EXHIBIT AGENERAL ALLEGATIONS

6. Atall times material hereto, in consideration of the applicable premium, Defendant
issued to Plaintiff a property insurance policy bearing policy number OIC 30025128 (hereinafter
the “Policy”). A certified copy of the Policy is attached hereto as Exhibit A.

7. The Policy provided insurance coverage for the property located at 11711
Stonehaven Way, Palm Beach Gardens, Florida 33412 (hereinafter the “Property”).

8. Defendant insured the Property for damage including, but not limited to, damage
to the structure and its contents resulting from water damage, windstorm, fire, theft, and other
covered perils.

9. On or about June 12, 2019, while the Policy was in full force and effect, a covered
loss occurred to the Property, namely, wind damage (hereinafter the “Loss”).

10. __ Plaintiff timely filed a claim and notified Defendant of the Loss.

11. Defendant assigned claim number O1C20200300008 to the Loss (hereinafter the “Claim’).

12. Plaintiff has fully cooperated in the investigation of the Claim including, but not
limited to, providing Defendant with requested documentation to substantiate the Claim and
providing access to the Property for Defendant’s inspection.

13. Defendant’s representative(s) inspected the Property and Defendant was not
prejudiced in its investigation.

14. Thereafter, Defendant accepted coverage for the Claim but grossly undervalued the
extent of the damages as a result of the Loss.

15. Plaintiff has suffered and continues to suffer as a result of the Loss.

Page 2 of 6COUNT I- BREACH OF CONTRACT

16. Plaintiff incorporates the allegations set forth in paragraphs one (1) through fifteen
(15) as if fully set forth herein.

17. The Policy provides coverage for direct physical loss to the Property.

18. Plaintiff and Defendant entered into a written contract, the Policy, wherein Plaintiff
agreed to pay a premium and Defendant agreed to insure the Property.

19. Plaintiff has paid all premiums due and owing.

20. Plaintiff satisfied all post-loss obligations in compliance with the terms and
conditions of the Policy.

21. Defendant breached its contractual obligations in the Policy by failing to make
payment for the Claim sufficient to return the Property to a pre-loss condition, as required by the
Policy.

22. Defendants failure to pay the full amount of the Claim is contrary to the terms of
the Policy and is a breach of the Policy.

23. As a result of Defendant’s breach, Plaintiff has been damaged in an amount to be
determined at trial.

24. As a direct and proximate cause of Defendant’s acts and omissions, Plaintiff has
been forced to retain the services of undersigned counsel and Defendant is responsible for paying
a reasonable attorney’s fees pursuant to Florida Statutes §627.428 or §626.9373.

WHEREFORE, Plaintiff prays for damages, pre-judgment interest, attorney’s fees
pursuant to Florida Statute §627.428 or §626.9373, costs as the prevailing party, and any other

relief this Honorable Court deems fair and proper.

Page 3 of 6DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial against Defendant on all issues so triable.

[NOTICE OF COMPLIANCE ON FOLLOWING PAGE]

Page 4 of 6NOTICE OF COMPLIANCE WITH FLORIDA RULE OF JUDICIAL
ADMINISTRATION RULE 2.516

Plaintiff, by and through undersigned counsel, file this Notice of Compliance with Judicial
Administration Rule 2.516 and hereby designates the following email address as the sole email
addresses for transmitting electronic service documents on behalf of Ricki D. Frand, Esquire:

PRIMARY EMAIL for Service of Pleadings and Court Documents only:
RFrand@HLLawgroup.com

SECONDARY EMAIL:
MMunks@HLLawgroup.com

TERTIARY EMAIL for correspondence and scheduling:
Service@HLLawGroup.com

Transmittal of court documents to the above-designated email addresses must be made in
order for service to be proper and effective, however, please use the attorneys’ regular email
addresses for all other communications.

DATED this 20" day of November, 2020.

HL LAW GROUP, P.A.

By:__/s/ Ricki D. Frand

Ricki D. Frand

FBN: 115117

Attorney for Plaintiff

2601 East Oakland Park Boulevard, Suite 503
Fort Lauderdale, Florida 33306

Telephone: (954) 713-1212

Facsimile: (954) 760-4239

Primary Email: © RFrand@HLLawGroup.com
Secondary Email: Service@HLLawGroup.com
Tertiary Email: © MMunks@HLLawGroup.com

Page 5 of 6EXHIBIT AOLYMPUS

   

——

P.O. Box 32879
Palm Beach Gardens, FL 33420

Date: July 24, 2020

To the best of my knowledge the attached policy is a true and exact copy.
Policy Number: O1C30025128-00

Insured: Lisa Lieu

Policy Date: 6/22/18 — 6/22/19

Prepared by John Louissaint on: July 24, 2020

Olympus Insurance Representative.

Swom to and subscribed before me at Palm Beach Gardens, FL

This 24" Day of July 2020

Notary Public State of Fonds
a

Bs hates
| customer portal on our website at

 

LOCATION OF PROPERTY INSURED Pe

11711 Stonehaven Way
West Palm Beach, FL 33412-1635

CHANGE REASON(S) CHANGE EFFECTIVE: 06/22/2018

ADDITIONAL/RETURN PREMIUM: $186.00
+ Revised Alarm Credit

BASIC ATTACHED POLICY POLICY POLICY TOTAL

COVERAGES ENDORSEMENTS CREDITS FEES/ TAXES ASSESSMENT POLICY
PREMIUM PREMIUM PREMIUM
$2,754.00 $832.00 $-10.00 $27.00 $0.00 $3,603.00

DEDUCTIBLE INFORMATION

FORM TYPE ALL OTHER PERILS DEDUCTIBLE HURRICANE DEDUCTIBLE
HO-3 $5,000 2% = $11,300
Coverage A - Dwelling $565,000 $2,777.08
Coverage B - Other Structures $5,650 $-23.00
Coverage C - Personal Property $395,500 Included
Coverage D - Loss of Use $56,500 Included
Hurricane Premium --------- $1,122.40 Included

OIC DEC 08 15 INSURED COPYOLYM PUS Olympus Insurance Company
Mmm. NICH

1.800.711.9386

 

 www.olympusinsurance.com

POLICY O01¢30025128-00 WITH AGEN

 

Policyholder Agency Contact
Lisa Lieu Innovative Insurance, LLC
11711 Stonehaven Way 1865 Tamiami Trail S
West Palm Beach, FL 33412-1635 Venice, FL 34293

8 (941) 244-2865

 

COVERAGE LIMITS AND PREMIUMS - SECTION II

Coverage E - Personal Liability $500,000 Included
Coverage F - Medical Payments to Others $5,000 Included

 

POLICY CHARGES AND CREDITS

 

Emergency Management Trust Fund Surcharge $2.00
MGA Policy Fee $25.00
Electronic Policy Credit $-10.00
Protective Device Credit (Included in Coverage A) $-52.16
Mitigation Credit (Included in Coverage A) $-5,905.70
MORTGAGEE(S)
Mortgagee 1 / Loan #:0569874274 PO BOX 100515
WELLS FARGO BANK, NA #936 ISAOA FLORENCE, SC 29502
NUMBER DATE Limit PREMIUM
Olt 07-14 Homeowners Policy Jacket
OL GLB 06-13 Privacy Policy
OL OC 04-11 Homeowners Policy Outline of Coverage
OLHOLO 06-07 Ordinance or Law Coverage Notification Form
OL DO 10-14 Deductible Options Notice
HO3 IDX 06-07 Homeowners 3 - Policy Index
HO 00 03 10-00 Homeowners 3 - Special Form
OL HO 100 1213 Special Provisions - Florida
HO 03 34 05-03 Limited Fungi, wet or dry rot, or bacteria. Section
"1
HO 03 52 01-06 Calendar Year Hurricane Deductible with
Reporting Requirement - Florida
HO 04 21 07-01 Windstorm Protective Devices
HO 04 96 10-00 Coverages for Home Day Care Business
ILP 001 01-04 OFAC Advisory Notice
OIR-B1-1655 02-10 Notice of Premium Discounts of Hurricane Loss
Mitigation
OIR-B1-1670 01-06 Checklist of Coverage
OL HO 101 11-15 Animal Liability Exclusion Endorsement
OL HO 120 06-07 Existing Damage Exclusion Endorsement
OL HO 140 12-13 Catastrophic Ground Cover Collapse Notice

OIC DEC 08 15 INSURED COPYNES ee Naoa Ss

OLYM PUS Olympus Insurance Company
sown

@ www.olympusinsurance.com ‘1.800.711.9386

POLICY 01¢30025128-00 WITH AGENCY 7018090 FOR POLICY PERIOD 06/22/2018 THRU 06/22/2019

© Policyholder @ Agency Contact

 

Lisa Lieu Innovative Insurance, LLC

11711 Stonehaven Way 1865 Tamiami Trail S

West Palm Beach, FL 33412-1635 Venice, FL 34293

SS (941) 244-2865
OL HO 153 09-14 Diving Board and Pool Slide Liability Limitation
OL HO 04 16 06-07 Premises Alarm or Fire Protection System
OL HO 23 70 06-07 Windstorm Exterior Paint or Waterproofing
Exclusion

OL HO 5010 09-13 Spartan Enhanced Coverage $832.00
OL HO VL 11-11 Vacancy Limitation Endorsement

***Coverage is provided where premium and limit of liability are shown.
Flood coverage is not provided by this policy.

LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU
MAY WISH TO PURCHASE. YOU MAY NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES. PLEASE DISCUSS THESE CHANGES WITH YOUR
INSURANCE AGENT.

THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES
TO YOU.

PURSUANT TO SECTION 627.70132, FLORIDA STATUTES, LOSS OR DAMAGE CAUSED BY THE PERIL OF WINDSTORM OR HURRICANE IS NOT
COVERED UNLESS NOTICE OF THE CLAIM, SUPPLEMENTAL CLAIM OR REOPENED CLAIM IS PROVIDED TO US INACCORDANCE WITH THE

OIC DEC 08 15 INSURED COPYNEUES iN

   

 

POLICY O1¢3002512: WITH AGENCY 70:

PUS Olympus Insurance Company
C

www.olympusinsurance.com ‘S: 1.800.711.9386

FOR POLICY PERIOD 06/22/2018 THRU 01

 

Policyholder Agency Contact
Lisa Lieu Innovative Insurance, LLC
11711 Stonehaven Way 1865 Tamiami Trail S
West Palm Beach, FL 33412-1635 Venice, FL 34293

8 (941) 244-2865

POLICY CONDITIONS, WITHIN THREE (3) YEARS FROM THE DATE THE HURRICANE MADE LANDFALL OR THE WINDSTORM CAUSED THE
DAMAGE.

Arate adjustmentof 8.6% credit is included to reflect the building code grade in your area. Adjustments range from 2% surcharge to 14% credit.

Arate adjustmentof 73.0% credit is included to reflect the Windstorm Mitigation Device Credit. This credit applies only to the wind portion
premium. Adjustments range from 0% to 90% credit.

of your

THIS REPLACES ALL PREVIOUSLY ISSUED POLICY DECLARATIONS, IF ANY. THIS POLICY APPLIES ONLY TO ACCIDENTS, OCCURENCES, OR

LOSSES WHICH HAPPEN DURING THE POLICY PERIOD SHOWN ABOVE.

AUTHORIZED COUNTER SIGNATURE
DATE 10/04/2018

OIC DEC 08 15

INSURED COPYHomeowners
Insurance
Policy

Olympus Insurance Company

FOR NEW OR EXISTING CLAIMS
SERVICE PLEASE CALL: 866-281-2242

For all other requests, please contact your agent
or our Customer Service Department: 800-711-9386

OL J1 07 14 Page 1 of 2POLICY PROVISION This Policy jacket with the Policy Declarations, Policy
Form and Endorsements issued to form a part thereof. completes the policy as
numbered on the Declarations Page. Whenever, your policy is madified you will
receive a dated revision of the Policy Declarations

IN WITNESS WHERECF: In consideration of your paid premium, Clympus
Insurance Company is proud to extend to you the coverage offered by this
insurance contract.

 

Laura Johnson
Product Development Manager
Olympus Insurance Company

OL J107 14 Page 2 of 2OLYMPUS INSURANCE COMPANY

Dear Policyholder:

A new federal law requires us, as your residential property insurer, to provide you with a copy of
our Privacy Policy. We are glad to have this opportunity to do so and to communicate to you our
commitment to guard against inappropriate disclosure of nonpublic personal information.

 

 

Our Privacy Policy

We collect and use information necessary to administer your policy and provide you with efficient
customer service. We collect and maintain several types of information needed for these
purposes, such as those below:

+ — Information provided by you on your application for insurance coverage, such as your name,
address, telephone number, email address, age of your home, and type of construction.

+ Information gathered from you as our insured, such as how long you've been our

insured, your payment history, what kind of coverage you have, underwriting
information and claims information.

Limited Disclosure

We do not disclose any nonpublic personal information about you or any of our policyholders to
anyone except as permitted by law.

Protecting Confidentiality

When we share nonpublic personal information about you, as permitted by law, we protect that
personal information with a confidentiality agreement that obligates the recipient of the
information to keep it confidential.

 

OL GLB 06 13HOMEOWNERS POLICY OUTLINE OF COVERAGE

This following outline of coverage is for informational
purposes only. Florida law prohibits this outline from
changing any of the provisions of the insurance contract
that is the subject of this outline. Any endorsement
regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal
provisions, cancellation provisions, surcharges, or credits
will affect how your policy responds in the event of a loss.
SECTION |- PROPERTY COVERAGE

Coverage A - Dwelling

Applies to your residence premises, protects your
dwelling and structures attached to your dwelling. It also
protects against covered loss to building materials
located on your residence premises which are being
used in connection with your residence premises.

Coverage B — Other Structures

Protects against covered loss to any structure on your
residence premises not physically attached to the
dwelling.

Coverage C — Personal Property

Protects against covered loss to your personal property
such as clothing and furniture. Special limits apply to
some types of personal property or the circumstances of
the loss including but not limited to: money, securities,
watercraft, theft of jewelry, firearms, silverware and theft
away from the “residence premises”. Additionally, there
are some items not covered under Coverage “C”. Some
examples are animals, motorized vehicles and property
of roomers or boarders and other tenants. Please review
your policy for a complete list of items that have special
limits or are excluded.

Coverage D — Loss of Use

Protects against loss resulting from any additional living
expenses you incur while you are temporarily unable to
live at your home because of a covered loss. Payment
would include such items as temporary lodging and
increased costs for food. However, coverage is limited
to 24 consecutive months from the date of loss.
ADDITIONAL COVERAGE

Debris Removal

Reasonable Repairs

Trees, Shrubs, and Other Plants

Fire Department Service Charge

Property Removed

Credit Card, Fund Transfer Card, Forgery & Counterfeit
Money

Loss Assessment

Collapse

Glass or Safety Glazing Material

Landlords Furnishings

PERILS INSURED AGAINST

This policy insures under Coverages “A”, “B” and “C’, if
applicable to your policy, against sudden and accidental
direct physical losses, except as limited or excluded by
your policy, caused by:

Fire or lightening

Windstorm or hail - “Note (1)

OL OC 0411

Explosion

Riot or civil commotion

Aircraft & Vehicles

Smoke

Vandalism or malicious mischief

Theft

Falling Objects

Accidental discharge or overflow of water from an
appliance

Sudden and accidental tearing apart, cracking, burning
or bulging of a hot water system, air conditioner or fire
sprinkler system

Freezing

Fungi, Wet or Dry Rot, or Bacteria

Sudden and accidental damage from artificially
generated electrical current.

Volcanic eruption

Sinkhole Collapse (HO4 Only — Optional for HO3 & HO6)

Note: *(1) If your property is located in the Citizens
Property Insurance Corporation (CPIC) designated area,
“Windstorm or Hail” coverage may be excluded from
your policy. Be sure to obtain this important coverage if
it has been excluded from your policy. (2) Form HO 00
03 provides “Special” coverage on buildings, see your
policy for specifics.

PROPERTY EXCLUSIONS

This policy does not provide protection under Coverages
“A”, “B” and “C’, if applicable to your policy for losses
resulting in any manner from:

Earth Movement, other than a covered sinkhole loss
Water Damage, including, but not limited to flood,
surface water, waves, tidal water, overflow of a body of
water or spray from any of these whether wind driven or
not, water backup from sewers or drains and water
below the surface of the ground

Off Premises Power Failure

Neglect

War or Nuclear Hazard

Intentional or Criminal Acts

Coverages “A” and “B” on Form HO 00 03 have special
exclusions applicable.

SECTION Il - LIABILITY COVERAGE.

Coverage E — Personal Liability

Generally provides coverage for bodily injury or property
damage you or a person insured under your policy are
legally obligated to pay. The bodily injury or property
damage must arise from an occurrence covered under
Section Il of your policy. Coverage for Animal Liability,
under certain conditions, and Home Day Care
Operations, is not covered.

Coverage F — Medical Payments To Others

Provides coverage for reasonable and necessary
medical expenses if a guest is injured on your premises
or off the insured premises under certain circumstances.
The bodily injury must arise from an occurrence covered
under Section II of your policy with limited exceptions.

Page 1 of 2Note: Coverage - “E” Personal Liability and Coverage
“F” — Medical Payments To Others do not apply to
“Bodily Injury” or “Property Damage” arising out of the
ingestion or inhalation of lead in any form or substance.
Radon and pollutants are also excluded.

NONRENEWAL AND CANCELLATION PROVISIONS

All cancellations are granted a pro-rata return of
premium.

Your Right to Cancel — You may cancel the policy at
any time, for any reason, by giving us advance written
notice of the future cancellation effective date.

Our Right to Cancel - If your policy has been in effect
for 90 days or less and the insurance is cancelled for
other than nonpayment of premium we may cancel for
any valid reason by giving you at least 20 days notice
before the cancellation effective date, except where
there has been a _ material misstatement,
misrepresentation, or failure to comply with underwriting
requirements established in the first 90 days, then we
may cancel immediately.

If your policy has been in effect over 90 days, or if your
policy is a renewal with us, we may cancel your policy for
only a limited number of reasons by giving you at least
100 days advance written notice before the cancellation
becomes effective. These include but are not limited to
material misstatement or substantial change of risk.

For any cancellation that would be effective between
June 1 and November 30, we will mail written notice at
least 100 days or by June 1, which ever is earlier, before
the cancellation becomes effective.

If the cancellation is due to nonpayment of premium,
we will give you at least 10 days advance written notice.

Unless the cancellation is due to nonpayment of
premium, we will provide you with at least one hundred
eighty (180) days written notice prior to the effective date
of cancellation in the event you have been insured by us
or an affiliate for a period of at least five (5) consecutive
years immediately prior to the issuance of the notice.

Nonrenewal

If we do not intend to renew your policy, we will mail
written notice to you. We will do so at least 100 days
before the expiration date of the policy.

For any nonrenewal that would be effective between
June 1 and November 30, we will mail the notice by at
least 100 days or by June 1, whichever is earlier, before
the expiration date of the policy.

We will provide you with at least one hundred eighty
(180) days written notice prior to the effective date of
nonrenewal in the event you have been insured by us or
an affiliate for a period of at least five (5) consecutive
years immediately prior to the issuance of the notice.
Renewal

The renewal premium payment must be received no later
than the renewal date or the policy will terminate.

OL OC 0411

PREMIUM CREDITS / SURCHARGES

The following are brief descriptions of the premium
credits available on your homeowners policy. Your policy
Declarations page will show which of these credits, if
any, apply to your policy. Common credits and debits
include:

Protective Devices - If your home has a qualified
central station burglar alarm, central station fire alarm or
automatic fire sprinkler system, you are eligible for
premium credits.

Windstorm Mitigation — This credit is available if your
home is equipped with hurricane shutters 8/or other
features designed to withstand hurricane-force winds.

Building Code Compliance — This credit is available on
homes built in compliance with accepted national
building codes designed to lessen the effect of losses
resulting from windstorms and hurricanes.

Superior Construction — Certain homes of fire resistive
or wind resistive construction are eligible for a premium
credit.

Seasonal or Unoccupied Property Surcharge — A
surcharge will apply if the residence is unoccupied more
than six consecutive months. A home unoccupied more
than 12 consecutive months is ineligible for coverage.

OPTIONAL COVERAGES AVAILABLE

-Personal Property Replacement Cost

-Increased Personal Property

-Increased Special Personal Property Limits

-Scheduled Personal Property

-HO6 Coverage A Dwelling Basic and Increased Limits
and Special Coverage

-Building Additions and Alterations Increased Limits
HO4

-Permitted Incidental Occupancies

-Increased Business Property Limits

-Other Structures — Property

-Loss Assessment Coverage — Increased Limits

-Limited Fungi, Wet or Dry Rot, or Bacteria Coverage -
Increased Special Sub Limits

-Residence Premises — Basic and Increased Limits —

Liability
-Personal Injury
-Permitted Incidental Occupancies -— Residence

Premises — Liability

-Other Structures Rented to Others — Residence
Premises — Liability

-Secondary Residence — Premium Adjustment

-Golf Cart Physical Damage and Liability

-Identity Theft Expense Coverage

-Increased Law and Ordinance Coverage

-Animal Liability Special Limits

-Water Back Up and Sewage Overflow

-Specified Additional Amount of Insurance Cov. A
-Sinkhole Collapse (HO3 & HO6)

THIS OUTLINE IS FOR INFORMATION PURPOSES ONLY.
READ YOUR POLICY CAREFULLY.

YOUR AGENT WILL ASSIST YOU WITH ANY QUESTIONS.
ABOUT YOUR POLICY.

Page 2 of 2Olympus Insurance Company OL HO LO 06 07
IMPORTANT NOTICE TO POLICYHOLDERS

Important Information Regarding
Law and Ordinance Coverage

Many communities have laws or building codes that affect the reconstruction of
damaged buildings. Law and Ordinance Coverage applies to the increased
construction cost resulting from enforcement of building codes in repairing or
replacing your Dwelling (Coverage A) damaged by a covered loss.

Florida law requires that each Homeowner's policyholder be offered Law and
Ordinance Coverage of 25% or 50% of Coverage A. If you are interested in
purchasing this additional protection, please contact your agent whose name and
telephone number appear on the policy declarations.

If you don’t respond to this notice, the coverage for Ordinance and Law will be as
shown on your declarations.

O | select 25% Ordinance and Law Coverage and reject 50% Ordinance
and Law Coverage.

oO | select 50% Ordinance and Law Coverage and reject 25% Ordinance
and Law Coverage.

 

Applicant / insured Date

OL HO LO 06 07 Page 1 of 1Olympus Insurance Company OL DO 10 14

DEDUCTIBLE OPTIONS NOTICE

Olympus Insurance Company (Olympus) offers standard deductibles of:

Hurricane
2% of Coverage A (Form HO3) and 2% of Coverage C (Forms HO4 & HO6)

All Other Peril
1% of Coverage A (Form HO3) and $1,000 (Forms HO4 & HO6)

In addition, Olympus offers the opportunity for you to buy lower deductibles for an
additional premium, or select higher deductibles for a premium credit.

Hurricane deductible options are:
Form HO3
$500, $1,000, 2%, 5% or 10% of Coverage A.
Forms HO4 & HO6
2%, ot 5% of Coverage C.
All Other Peril deductible options are:
Form HO3
$500, $1,000, $2,500, $5,000, 1%, 2%, 5% or 10% of Coverage A.
Forms HO4 & HO6
$500, $1,000, or $2,500.

In the event you select a lower hurricane deductible and have suffered a
hurricane loss under this policy or under one issued by a member of our
company group during the calendar year, such lower selected deductible will not
take effect until Jan. 1 of the following calendar year.

If your policy does not exclude coverage for the peril of Windstorm or Hail, there
are various combinations of All Other Peril and Hurricane deductibles available to
you. All of these deductible options may not be available to you due to the
policy's dwelling coverage amount.

If your policy covers sinkhole losses a mandatory Sinkhole deductible may apply
and will be shown on your Declarations if applicable.

Please contact your agent if you have any questions, concerns, or wish to
change your deductible. If you do not respond to this notice or have not already
selected an optional deductible, the standard All Other Peril deductible and
standard Hurricane deductible will apply.

OL DO 10 14 Page 1 of 1HO 00 03 10 00 -1 HO3 IDX 06 07

HOMEOWNERS 3 - SPECIAL FORM — POLICY INDEX

Page No.

  
 
  
   
 
  
  
 
 
  
 
  
   
    
 
 
  
  
   
 
 
  
  
  
 
 
  
 
 
 
  

Section | — Property Coverage:
A. Coverage A — Dwelling.
B. Coverage B — Other St
C. Coverage C — Personal Property ..
D. Coverage D — Loss Of Use.
E. Additional Coverages ..
Section | - Perils Insured Against
A. Coverage A — Dwelling and Coverage B — Other Structures
1. We Insure Against.
2. We Do Not Insure z
B. Coverage C — Personal Property ..
Section | — Exclusions ..
A. We do not insure for loss caused directly or indirectly by any of the followin:
B. We do not insure for loss to property described in coverages A and B caused by any of the following:
Section | - Conditions...
. Insurable Interest And Limit Of Liability.
. Duties After Loss.
Loss Settlement.
). Loss To a Pair or Set.
;. Appraisal...
. Other Insurance and Service Agreement
Suit Against Us
Our Option
Loss Paymer
Abandonment Of Property
Mortgage Clause......
No Benefit To Bailee .
Nuclear Hazard Clause .
Recovered Property...
. Volcanic Eruption Period
. Policy Period.....
Concealment Or Frau
. Loss Payable Clause .
Section Il — Liability Coverages
A. Coverage E — Personal Liability ..
B. Coverage F — Medical Payments To Others
Section II — Exclusions .....
Section Il — Additional Coverage:
Section Il — Conditions...
Limit Of Liability.
Severability Of Insurance
Duties After “Occurrence”
Duties Of An Injured Person — Coverage F — Medical Payments To Others
Payment Of Claim — Coverage F — Medical Payments To Others
Suit Against Us.......
Bankruptcy Of An “Insured”.
Other Insurance
Policy Period ...
Concealment Or Fraud..
ns | and Il — Conditions.
Liberalization Clause
Waiver Or Change Of Policy Provisions.
Cancellation
Nonrenewal
Assignment
Subrogation.
. Death

Important Note: The endorsements listed on your Policy Declarations and attached to your policy
significantly modify sections of this form and specifically define the terms of you’re your coverage. Please
contact your Insurance Agent if you have any questions concerning your Homeowners Insurance Coverage.

HO3 IDX 06 07 Page 1 of 1

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HO 00 03 10 00

HOMEOWNERS 3 - SPECIAL FORM

AGREEMENT

We will provide the insurance described in this policy
in return for the premium and compliance with all
applicable provisions of this policy.

DEFINITIONS

A. In this policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the
spouse if a resident of the same household. "We",
“us" and "our" refer to the Company providing this
insurance.

B. In addition, certain words and phrases are defined
as follows:

1. “Aircraft Liability", "Hovercraft Liability", "Motor
Vehicle Liability". and "Watercraft Liability",
subject to the provisions in b. below, mean the
following:

a. Liability for "bodily injury" or "property dam-
age" arising out of the:
(1) Ownership of such vehicle or craft by an
"insured";

(2) Maintenance, occupancy, operation,
use, loading or unloading of such vehi-
cle or craft by any person;

(3) Entrustment of such vehicle or craft by
an "insured" to any person;

(4) Failure to supervise or negligent super-
vision of any person involving such ve-
hicle or craft by an "insured"; or

(8) Vicarious liability, whether or not im-
posed by law, for the actions of a child
or minor involving such vehicle or craft.

b. For the purpose of this definition:

(1) Aircraft means any contrivance used or
designed for flight except model or
hobby aircraft not used or designed to
carry people or cargo;

Hovercraft means a self-propelled mo-
torized ground effect vehicle and in-
cludes, but is not limited to, flarecraft
and air cushion vehicles;

Watercraft means a craft principally
designed to be propelled on or in water
by wind, engine power or electric motor;
and

Motor vehicle means a “motor vehicle”
as defined in 7. below.

 

(2)

(3)

(4)

HO 00 03 10 00

Copyright, Insurance Services Office, Inc., 1999

2. "Bodily injury" means bodily harm, sickness or

disease, including required care, loss of ser-
vices and death that results.

. "Business" means:

a. A trade, profession or occupation engaged
in on a full-time, part-time or occasional
basis; or

b. Any other activity engaged in for money or
other compensation, except the following:

(1) One or more activities, not described in
(2) through (4) below, for which no "in-
sured” receives more than $2,000 in to-
tal compensation for the 12 months be-
fore the beginning of the policy period;

Volunteer activities for which no money
is received other than payment for ex-
penses incurred to perform the activity;

Providing home day care services for
which no compensation is received,
other than the mutual exchange of such
services; or

(4) The rendering of home day care ser-
vices to a relative of an "insured".

. "Employee" means an employee of an "in-
sured", or an employee leased to an “insured”
by a labor leasing firm under an agreement be-
tween an "insured" and the labor leasing firm,
whose duties are other than those performed
by a “residence employee".

. "Insured" means:

a. You and residents of your household who
are:

(1) Your relatives; or

(2) Other persons under the age of 21 and
in the care of any person named above;

b. A student enrolled in school full time, as

defined by the school, who was a resident

of your household before moving out to at-

tend school, provided the student is under

the age of:

(1) 24 and your relative; or

(2) 21 and in your care or the care of a
person described in a.(1) above; or

2)

(3)

Page 1 of 22Page 2 of 22

c. Under Section Il:

(1) With respect to animals or watercraft to
which this policy applies, any person or
organization legally responsible for
these animals or watercraft which are
owned by you or any person included in
a. or b. above. "Insured" does not mean
a person or organization using or hav-
ing custody of these animals or water-
craft in the course of any "business" or
without consent of the owner; or

(2) With respect to a "motor vehicle” to
which this policy applies:
(a) Persons while engaged in your
employ or that of any person in-
cluded in a. or b. above; or

(b) Other persons using the vehicle on
in “insured location" with your con-
sent.

Under both Sections I and Il, when the word
an immediately precedes the word "insured",
the words an "insured" together mean one or
more "insureds".

6. "Insured location" means:

a. The "residence premises";
b. The part of other premises, other structures

and grounds used by you as a residence;
and

(1) Which is shown in the Declarations; or

(2) Which is acquired by you during the
policy period for your use as a resi-
dence;

c. Any premises used by you in connection
with a premises described in a. and b.
above;

d. Any part of a premises:

(1) Not owned by an "insured"; and
(2) Where an "insured" is temporarily resid-
ing;

e. Vacant land, other than farm land, owned
by or rented to an “insured”;

f. Land owned by or rented to an "insured" on
which a one, two, three or four family dwell-
ing is being built as a residence for an "in-
sured";

g. Individual or family cemetery plots or burial
vaults of an "insured"; or

10.

11.

Copyright, Insurance Services Office, Inc., 1999

h. Any part of a premises occasionally rented
to an "insured" for other than "business"
use.

'. “Motor vehicle” means:

a. A self-propelled land or amphibious vehi-
cle; or

b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing
by a vehicle described in a. above.

. "Occurrence" means an accident, including

continuous or repeated exposure to substan-
tially the same general harmful conditions,
which results, during the policy period, in:

a. "Bodily injury"; or
b. "Property damage”.

. "Property damage” means physical injury to,

destruction of, or loss of use of tangible prop-
erty.

"Residence employee" means:

a. An employee of an "insured", or an em-
ployee leased to an "insured" by a labor
leasing firm, under an agreement between
an "insured" and the labor leasing firm,
whose duties are related to the mainte-
nance or use of the "residence premises",
including household or domestic services;
or

b. One who performs similar duties elsewhere
not related to the "business" of an "in-
sured”.

A "residence employee" does not include a

temporary employee who is furnished to an

“insured” to substitute for a permanent "resi-

dence employee" on leave or to meet seasonal

or short-term workload conditions.

"Residence premises" means:
a. The one family dwelling where you reside;

b. The two, three or four family dwelling
where you reside in at least one of the fam-
ily units; or

c. That part of any other building where you
reside;

and which is shown as the "residence prem-
ises" in the Declarations.

"Residence premises" also includes other
structures and grounds at that location.

HO 00 03 10 00DEDUCTIBLE

Unless otherwise noted in this policy, the following
deductible provision applies:

Subject to the policy limits that apply, we will pay only
that part of the total of all loss payable under Section
I that exceeds the deductible amount shown in the
Declarations.

SECTION I - PROPERTY COVERAGES
A. Coverage A — Dwelling
1. We cover:

a. The dwelling on the "residence premises"
shown in the Declarations, including struc-
tures attached to the dwelling; and

b. Materials and supplies located on or next to
the "residence premises" used to construct,
alter or repair the dwelling or other struc-
tures on the "residence premises".

2. We do not cover land, including land on which
the dwelling is located.

B. Coverage B — Other Structures

1. We cover other structures on the "residence
premises" set apart from the dwelling by clear
space. This includes structures connected to
the dwelling by only a fence, utility line, or simi-
lar connection.

2. We do not cover:

a. Land, including land on which the other
structures are located;

b. Other structures rented or held for rental to
any person not a tenant of the dwelling,
unless used solely as a private garage;

c. Other structures from which any “business”
is conducted; or

d. Other structures used to store “business”
property. However, we do cover a structure
that contains "business" property solely
owned by an "insured" or a tenant of the
dwelling provided that "business" property
does not include gaseous or liquid fuel,
other than fuel in a permanently installed
fuel tank of a vehicle or craft parked or
stored in the structure.

3. The limit of liability for this coverage will not be
more than 10% of the limit of liability that ap-
plies to Coverage A. Use of this coverage
does not reduce the Coverage A limit of liabil-
ity.

C. Coverage C — Personal Property
1. Covered Property

We cover personal property owned or used by
an "insured" while it is anywhere in the world.
After a loss and at your request, we will cover
personal property owned by:

a. Others while the property is on the part of
the "residence premises" occupied by an
"insured"; or

b. A guest or a "residence employee", while
the property is in any residence occupied
by an “insured”.

. Limit For Property At Other Residences

Our limit of liability for personal property usu-
ally located at an "insured's" residence, other
than the "residence premises", is 10% of the
limit of liability for Coverage C, or $1,000,
whichever is greater. However, this limitation
does not apply to personal property:

a. Moved from the "residence premises" be-
cause it is being repaired, renovated or re-
built and is not fit to live in or store property
in; or

b. In a newly acquired principal residence for
30 days from the time you begin to move
the property there.

. Special Limits Of Liability

The special limit for each category shown be-
low is the total limit for each loss for all prop-
erty in that category. These special limits do
not increase the Coverage C limit of liability.

a. $200 on money, bank notes, bullion, gold
other than goldware, silver other than sil-
verware, platinum other than platinumware,
coins, medals, scrip, stored value cards
and smart cards.

b. $1,500 on securities, accounts, deeds,
evidences of debt, letters of credit, notes
other than bank notes, manuscripts, per-
sonal records, passports, tickets and
stamps. This dollar limit applies to these
categories regardless of the medium (such
as paper or computer software) on which
the material exists.

This limit includes the cost to research, re-
place or restore the information from the
lost or damaged material.

HO 00 03 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 3 of 22Page 4 of 22

¢. $1,500 on watercraft of all types, including
their trailers, furnishings, equipment and
outboard engines or motors.

d. $1,500 on trailers or semitrailers not used
with watercraft of alll types.

e. $1,500 for loss by theft of jewelry, watches,
furs, precious and semiprecious stones.

f. $2,500 for loss by theft of firearms and
related equipment.

g- $2,500 for loss by theft of silverware, silver-
plated ware, goldware, gold-plated ware,
platinumware, platinum-plated ware and
pewterware. This includes flatware, hol-
lowware, tea sets, trays and trophies made
of or including silver, gold or pewter.

h. $2,500 on property, on the "residence
premises", used primarily for “business”
purposes.

i. $500 on property, away from the "“resi-
dence premises", used primarily for "busi-
ness" purposes. However, this limit does
not apply to loss to electronic apparatus
and other property described in Categories
j. and k. below.

j. $1,500 on electronic apparatus and acces-
sories, while in or upon a “motor vehicle",
but only if the apparatus is equipped to be
operated by power from the "motor vehi-
cle's" electrical system while still capable of
being operated by other power sources.

Accessories include antennas, tapes,
wires, records, discs or other media that
can be used with any apparatus described
in this Category j.

k. $1,500 on electronic apparatus and acces-
sories used primarily for "business" while
away from the "residence premises" and
not in or upon a "motor vehicle". The appa-
ratus must be equipped to be operated by
power from the "motor vehicle's" electrical
system while still capable of being operated
by other power sources.

Accessories include antennas, tapes,
wires, records, discs or other media that
can be used with any apparatus described
in this Category k.

4. Property Not Covered

We do not cover:

a. Articles separately described and specifi-
cally insured, regardless of the limit for
which they are insured, in this or other in-
surance;

Copyright, Insurance Services Office, Inc., 1999

b. Animals, birds or fish;
c. "Motor vehicles".
(1) This includes:

(a) Their accessories, equipment and
parts; or

Electronic apparatus and accesso-
ries designed to be operated solely
by power from the electrical system
of the "motor vehicle". Accessories
include antennas, tapes, wires, re-
cords, discs or other media that can
be used with any apparatus de-
scribed above.

The exclusion of property described in
(a) and (b) above applies only while
such property is in or upon the "motor
vehicle".

(2) We do cover "motor vehicles” not re-
quired to be registered for use on public
roads or property which are:

(a) Used solely to service an “insured's"
residence; or

(b) Designed to assist the handicapped;

d. Aircraft meaning any contrivance used or
designed for flight including any parts
whether or not attached to the aircraft.

We do cover model or hobby aircraft not
used or designed to carry people or cargo;

e. Hovercraft and parts. Hovercraft means a
self-propelled motorized ground effect ve-
hicle and includes, but is not limited to,
flarecraft and air cushion vehicles;

f. Property of roomers, boarders and other
tenants, except property of roomers and
boarders related to an "insured";

g. Property in an apartment regularly rented
or held for rental to others by an "insured",
except as provided in E.10. Landlord's Fur-
nishings under Section | — Property Cover-
ages;

h. Property rented or held for rental to others
off the "residence premises";

i. "Business" data, including such data stored
in:
(1) Books of account, drawings or other
paper records; or
(2) Computers and related equipment.
We do cover the cost of blank recording or
storage media, and of prerecorded com-

puter programs available on the retail mar-
ket;

(b)

HO 00 03 10 00j. Credit cards, electronic fund transfer cards
or access devices used solely for deposit,
withdrawal or transfer of funds except as
provided in E.6. Credit Card, Electronic
Fund Transfer Card Or Access Device,
Forgery And Counterfeit Money under Sec-
tion | — Property Coverages; or

k. Water or steam.

D. Coverage D - Loss Of Use

The limit of liability for Coverage D is the total limit
for the coverages in 1. Additional Living Expense,
2. Fair Rental Value and 3. Civil Authority Prohib-
its Use below.

1.

Additional Living Expense

If a loss covered under Section | makes that
part of the "residence premises" where you re-
side not fit to live in, we cover any necessary
increase in living expenses incurred by you so
that your household can maintain its normal
standard of living.

Payment will be for the shortest time required
to repair or replace the damage or, if you per-
manently relocate, the shortest time required
for your household to settle elsewhere.

. Fair Rental Value

If a loss covered under Section | makes that
part of the "residence premises" rented to oth-
ers or held for rental by you not fit to live in, we
cover the fair rental value of such premises
less any expenses that do not continue while it
is not fit to live in.

Payment will be for the shortest time required
to repair or replace such premises.

. Civil Authority Prohibits Use

If a civil authority prohibits you from use of the
"residence premises" as a result of direct dam-
age to neighboring premises by a Peril Insured
Against, we cover the loss as provided in 1.
Additional Living Expense and 2. Fair Rental
Value above for no more than two weeks.

. Loss Or Expense Not Covered

We do not cover loss or expense due to can-
cellation of a lease or agreement.

The periods of time under 1. Additional Living Ex-
pense, 2. Fair Rental Value and 3. Civil Authority
Prohibits Use above are not limited by expiration
of this policy.

HO 00 03 10 00

Copyright, Insurance Services Office, Inc., 1999

E. Additional Coverages
1. Debris Removal

a. We will pay your reasonable expense for
the removal of:

(1) Debris of covered property if a Peril
Insured Against that applies to the dam-
aged property causes the loss; or

(2) Ash, dust or particles from a volcanic
eruption that has caused direct loss to a
building or property contained in a build-
ing.

This expense is included in the limit of li-
ability that applies to the damaged prop-
erly. If the amount to be paid for the actual
damage to the property plus the debris re-
moval expense is more than the limit of li-
ability for the damaged property, an addi-
tional 5% of that limit is available for such
expense.

b. We will also pay your reasonable expense,
up to $1,000, for the removal from the
"residence premises" of:

(1) Your tree(s) felled by the peril of Wind-
storm or Hail or Weight of Ice, Snow or
Sleet; or

(2) A neighbor's tree(s) felled by a Peril
Insured Against under Coverage C;

provided the tree(s):
(3) Damage(s) a covered structure; or

(4) Does not damage a covered structure,
but:

(a) Block(s) a driveway on the "resi-
dence premises" which prevent(s) a
"motor vehicle", that is registered for
use on public roads or property,
from entering or leaving the “resi-
dence premises"; or

Block(s) a ramp or other fixture
designed to assist a handicapped
person to enter or leave the dwelling
building.

The $1,000 limit is the most we will pay in
any one loss regardless of the number of
fallen trees. No more than $500 of this limit
will be paid for the removal of any one tree.

This coverage is additional insurance.

(b)

2. Reasonable Repairs

a. We will pay the reasonable cost incurred by
you for the necessary