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Filing # 123362854 E-Filed 03/18/2021 04:24:32 PM
IN THE CIRCUIT COURT OF THE
9TH JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
CLYDE LOPEZ,
CASE NO.:
Plaintiff,
Vv.
PEOPLE’S TRUST INSURANCE COMPANY,
Defendant,
COMPLAINT
Plaintiff, CLYDE LOPEZ (the “Insured”), hereby sues Defendant, PEOPLE’S TRUST
INSURANCE COMPANY (the “Insurance Company”), and alleges as follows:
PARTIES, JURISDICTION AND VENUE
1 This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars
($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a
Declaratory Judgment action.
2 The Insured is an individual who at all times material hereto has resided in Osceola
County, Florida.
3 The Insurance Company is a Florida corporation qualified to do business in Florida
and has, at all times material hereto, been conducting business in Osceola County, Florida.
4 Venue is proper in Osceola County, Florida because the contract, which forms the
subject matter of this lawsuit, was executed in Osceola County, Florida.
5 All conditions precedent to the filing of this lawsuit have occurred, have been
waived or have been performed.
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of a premium paid by the Insured,
there was in full force and effect a certain homeowners insurance policy issued by the Insurance
Company with a policy number of PFL332870-03 (the “Policy”). A true and correct copy of
policy is attached hereto as Exhibit “A”.
7
Accordingly, under the terms of the Policy, the Insurance Company agreed to
provide insurance coverage to the Insured’s property against certain losses. The damaged property
is located at 29 Linda Lane , Kissimmee , FL 34744 (the “Property”).
8 On or about April 20, 2019, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidental failure of plumbing system
(the “Loss”).
9 The Insurance Company assigned claim number CFL19553864 to the Loss.
10. Subsequently, on or about February 5, 2021, the Insurance Company informed the
Insured that it was denying coverage for the Loss on the basis that it was not covered by the
Policy. However, after diligent inspection of the Loss, it was obvious that the Property sustained
damage which the Insurance Company agreed to provide coverage for under the terms of the
Policy.
11. The Insured has suffered and continues to suffer damages resulting from Insurance
Company’s breach of the Policy.
12. The Insured has been obligated to retain the undersigned attorneys for the
prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute
Sections 627.428 and/or 626.9373.
COUNT I
BREACH OF CONTRACT
13. The Insured reincorporates paragraphs 1 through 12 as if fully set forth herein.
14. It is undisputed that the Insured and the Insurance Company entered into a written
contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company
agreed to insure the Insured’s Property.
1S. The Insured has paid all premiums due and owing as contemplated by the Policy;
thus, fully performing its obligations under the Policy.
16. The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
17. Furthermore, at all times material hereto, the Insured has satisfied all post-loss
obligations to the best of its ability in accordance with the Policy.
18. In contrast, the Insurance Company has failed to: (i) acknowledge coverage for the
Loss; and/or (ii) acknowledge that payment would be forthcoming; and/or (iii) make any payment
of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has
breached the Policy.
19. Asa direct and proximate result of the Insurance Company’s breach of the Policy,
the Insured has sustained damages.
WHEREFORE, the Insured respectfully requests that this Court enter judgment against the
Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant
to Sections 627.428 and/or 626.9373.
COUNT II
DECLARATORY JUDGMENT
20. The Insured reincorporates paragraphs 1 through 12 as if fully set forth herein.
21. There is a bona fide, actual, present, adverse, and practical need for this Court to
render a declaration as to whether the Policy issued by Insurer to Insured provides coverage to
Insured for the Loss.
22. There is doubt between the Insured and Insurer regarding coverage of the loss
which affects the rights and/or privileges of the Parties.
23. This declaration deals with a present controversy as to the application of the law to
facts regarding the insurance coverage available to Insured for the Loss.
24. By filing this declaratory judgment action, the Insured is not requesting that the
Court merely provide legal advice or answer questions propounded from curiosity.
25. Based upon the foregoing, the Insured is entitled to a declaratory judgment, holding
that coverage does exist for the Loss; thus removing any doubt that exists between the Parties.
26. Pursuant to Section 86.081, Florida Statues, the Insured is entitled to costs.
WHEREFORE, the Insured respectfully seeks the entry of a declaratory judgment against the
Insurer holding that the Loss is covered under the Policy, plus costs and attorney fees for bringing
this action and such other relief as the Court deems just and proper.
JURY TRIAL DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.
Dated this 18 day of March 2021.
Respectfully Submitted,
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: YIA 13@Y ourinsuranceattorney.com
Secondary Email: Eservice@Y ourinsuranceattorney.com
By: 4/ Aristides Diaz, Esq.
Aristides “Kico” Diaz, Esq.
Florida Bar No. 118400
ta People’sTrust.
Insurance Company
ed, Siri ery.
Customer Service: 800-500-1818
To Report a Claim: 877-333-1230
Mortgagee Fax: 561-282-0627
Main Fax: 561-807-0811
Simply a Better Way* www.PTLinsure
18 People’s Trust Way « Deerfield Beach, FL 33441-6270
Policy Number: PFL332870-03
People’s Trust Insurance Company
Homeowners Declarations Page
Insured’s Name and Mailing Address: Effective Date: 12/04/2018
CLYDE LOPI Expiration Date: 12/04/2019
29 LINDA LN 12:01 a.m. Eastern Time at the location
KISSIMMEE, FL 34744-4728 of the Residence Premises
Insured Location (Residence Premises): Your Agency:
29 LINDALN CONSUMERS CHOICE UNDERWRITERS, INC. (0288/00-
KISSIMMEE, FL 34744-4728 00)
3600 RED ROAD
SUITE 601A
MIRAMAR, FL 33025
County: OSCEOLA (954) 688-0010
st wes see
Windstorm or Hail (Other Than Hurricane) Deductible: Sinkhole Deductibl
$2,500 No Coverage
Hurricane Deductible: All Other Perils Deductible:
$10,059 (5% of Coverage $2,500
Coverage is only provided where a limit of liability and a premium is shown,
os ioe ne i ae nae
overage Dwelling $1,6
Coverage B. Other Structures EXCL EXCL
Coverage C. Personal Property $20,118 -$28.00
Coverage D. Loss of Use $20,118 INCL
Coverage E. Personal Liability $100,000 $15.00
Coverage F. Medical Payments to Others $2,000 INCL
Total Base Premium $1,648.00
ee ey se noe
we a
109 7) ce ‘OVE lect ‘orm 5%
Fungi, Wet or Dry Rot, or Bacteria Coverage $10,000 INCL
£023 (11/15) Preferred Contractor Endorsement $(43.00)
WTRDMGEXCL (10/18) Water Damage Exclusion $(198.00)
LMTWTR (10/18) Limited Water Damage Coverage $10,000 $119.00
Total Opt I Cor id Adjustments (12;
ie on i ie ue HO!
mergency Management Prepare Iness & Assistance Trust Fund
Managing General Agency Fee $25.00
Total Mandatory Additional Charges $27.00
Total Annual Policy Premium:
(Including Assessments and All Surcharges) $922.00
The portion of your premium for Hurricane Coverage is: $152.00
The portion of your premium for All Other Coverage is: $663.00
PTIC D001 (11/17) Page 1 of 3
EXHIBIT "A"
Policy Number: PFL332870-03
NOCPT (10/18) b A002 (11/07) ‘A007 (10/16)
‘A009 (11/07) DO (08/17) £005 (11/07)
E007 (06/16) £016 (11/15) E023 (11/15)
HO3 OC (10/16) OIR-B1-1670 (01-01-06) P003 (05/16)
WTRDMGEXCL (10/18)
Rating Credits urcharges
Premises Alarm or Fire Protection System $(24.00)
Age of Home (All Other Peril) $215.00
‘Age of Home (Hurricane) $7.00
Deductible Adjustment (277.00)
Building Code Compliance Grading $12.00
Wind Mitigation Device Credit (387.00)
Protection Class/Construction Credit $(151.00)
Paperless Discount (26.00)
Rating Infor ion
Form Type HO-3 Terrain B
Year Built 1973 Roof Covering FBC Equivalent
Construction Type Masonry Roof Decking Dimensional Lumber (Wood)
County OSCEOLA Roof Deck Attachment C-8d @ 6in/6in
Territory 511 Roof to Wali Connection Clip
Protection Class Roof Shape Other
BCEGS 99 Secondary WaterResistance NO
Burglar Alarm YES Opening Protection None
Fire Alarm NO FBC Wind Speed NIA
Automatic Fire Sprinkler None Wind Speed Design NIA
Wind/Hail Excluded NO Debris Region NO
[ Mortgagee(s), dditional insured(s), and/or Additional interest(s)
41st Mortgagee FREEDOM MORTGAGE ‘CORPORATION, ISAOA / ATIMA, P.O. BOX 100562, FLORENCE, SC 29502-( 0562 Loan # 0093440253
A $20.00 premium increase is due to a coverage change.
A $-31.00 premium decrease is due to a rate change.
A premium adjustment of . (387.00) is included to reflect the building's wind loss mitigation features or construction
techniques that exist. Credits range from oO % to_84 %,
A premium adjustment of $. 12 is included to reflect the building code grade for your area, Adjustments range from a
1.9 % surcharge toa_13.2_% credit
Executed by Authorized Sigi ure:
—
| om
‘Authorized Regresentative
PTIC Doot (14/17) Page 2 of 3
Policy Number: PFL332870-03
aaye) ca) (I
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT
COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU
MAY ALSO NEED TO CONSIDER THE PURCHASE OF
FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU
MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS
THESE COVERAGES WITH YOUR INSURANCE AGENT.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
WINDSTORM OR HAIL (OTHER THAN HURRICANE)
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET
EXPENSES TO YOU.
PTIC boot anny
idsiHURS AUR RSA Page 3 of 3
People’s Trust Insurance Company Homeowners HO3 - Special Form
HOMEOWNERS 3 - SPECIAL FORM
AGREEMENT
This policy is issued on behalf of People’s Trust Insurance Company. In reliance on the
information “you” have given “us”, “we” agree to provide the insurance coverages
indicated in the Policy Declarations. In return, “you” must pay the premium when due and
comply with the policy terms and conditions, and inform us within sixty (60) days of any
change of ownership, title, use or occupancy of the “residence premises.”
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,” “u: and “our” refer to the company
providing this insurance.
B. In addition, certain words and phrases are defined as follows:
1 “Aircraft,” “Drone,” “Hovercraft,” “Motor Vehicle,” “Watercraft,” and “Personal
Watercraft” are defined below:
a “Aircraft” means any contrivance used or designed for flight except model or hobby
aircraft not used or designed to carry people or cargo;
b “Hovercraft” means a self-propelled motorized ground effect vehicle and includes,
but is not limited to, flare craft and air cushion vehicles;
Cc. “Watercraft” means a craft principally designed to be propelled on or in water by
wind, engine power, or electric motor;
“Personal Watercraft” means “watercraft” designed to carry one to three people,
propelled by a water jet pump powered by an internal combustion engine, and
capable of speeds greater than 25 MPH. “Personal watercraft” includes but is not
limited to “watercraft” often referred to as jet skis, wave runners, and other similar
“watercraft.”
“Motor Vehicle” means:
(1) A self-propelled land or amphibious vehicle; or
(2) Any trailer or semitrailer which is being carried on, towed by, or hitched for
towing by a vehicle described in 1. e. (1) above.
“Drone” means any unmanned aircraft or ship that can navigate autonomously
without human control or beyond line of sight by way of GPS, remote control, or
onboard computer.
“Bodily Injury” means bodily harm, sickness or disease, including required care, loss
of services and death that results.
“Business” includes trade, profession, occupation or usual activity in which an
“insured” is engaged in on a full-time, part-time, or occasional basis for money or other
compensation.
“Catastrophic Ground Cover Collapse” means geological activity that results in all of
the following:
a The abrupt collapse of the ground cover;
b A depression in the ground cover clearly visible to the naked eye;
Cc. “Structural damage” to the covered building, including the foundation; and
d The insured structure being condemned and ordered to be vacated by the
governmental agency authorized by law to issue such an order for that structure.
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“Fungi”
a “Fungi” means any type or form of fungus, including mold or mildew, and any
mycotoxins, spores, scents or by-products produced or released by fungi.
b. Under Section Il — Liability Coverages, this does not include any “fungi”, or bacteria
that are, are on, or are contained in a good or product intended for consumption.
“Hurricane Occurrence” A “hurricane occurrence”:
a Begins at the time a hurricane watch or warning is issued for any part of Florida by the
National Hurricane Center of the National Weather Service;
b Continues for the time period during which the hurricane conditions exist anywhere
in Florida; and
Cc. Ends seventy-two (72) hours following the termination of the last hurricane watch or
hurricane warning issued for any part of Florida by the National Hurricane Center of
the National Weather Service.
“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 your care or the care of a resident of
your household who is your relative;
A student enrolled in school full-time, as defined by the school, who was a resident
of your household before moving out to attend 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 resident of your household who is your
relative; or
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 described in B. 7.a. or b. "Insured" does not mean a
person or organization using or having custody of these animals or watercraft 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 described in B.
7.a. or b.; or
(b) Other persons using the vehicle on an "insured location" with your consent.
d Under both Sections | and Il, when the word an immediately precedes the word
insured", the words an "insured" together mean one or more "insureds".
“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 residence;
Any premises used by you in connection with a premises described in 8 a. and 8 b.
above;
Any part of a premises:
(1) Not owned by an “insured”; and
(2) Where an “insured” is temporarily residing;
Vacant land, other than farm land, owned by or rented to an “insured”;
Land owned by or rented to an “insured” on which a one or two family dwelling is
being built as a residence for an “insured”;
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9 Individual or family cemetery plots or burial vaults of an “insured”; or
h Any part of a premises occasionally rented to an “insured” for other than “business”
use.
“Marring” means to:
a. Disfigure;
b Deface;
C, Scar; or
d Blemish.
10. “Occurrence” means an accident, including continuous or repeated exposure to
substantially the same general harmful conditions, which results, during the policy
period, in:
a “Bodily Injury”; or
b “Property damage.”
11 “Personal Injury” means injury arising out of one or more of the following offenses
committed during the policy period:
a False arrest, detention, or imprisonment;
b Malicious prosecution;
Cc. The wrongful eviction from, wrongful entry into, or invasion of the right of private
occupancy of a room, dwelling, or premises that a person occupied, committed by or
on behalf of its owner, landlord, or lessor;
Oral or written publication of material that slanders or libels a person or organization
or disparages a person’s or organization’s goods, products, or services;
Oral or written publication of material that violates a person’s right of privacy; or
Electronic aggression including but not limited to harassment or bullying committed
by means of any electronic forum, including but not limited to a blog, an electronic
bulletin board, an electronic chat room, a gripe site, a social networking site, a web
site, a web blog, email, instant messaging, or text messaging.
12. “Primary Structural Member” means a structural element designed to provide support
and stability for the vertical or lateral loads of the overall structure.
13. “Primary Structural System” means an assemblage of “primary structural members.”
14. “Principal Building means the dwelling where you reside on the “residence premises”
shown in the Declarations, including structures attached to the dwelling. “Principal
Building” does not include any other buildings or structures at that location.
15. “Property Damage” means physical damage to, destruction of, loss of use of, or the
theft of tangible property.
16. “Residence Employee” means:
a. An employee of an “insured,” whose duties are related to the maintenance or use of
the “residence premises,” including landscape, household or domestic services; or
b. One who performs similar duties elsewhere not related to the “business” of an
“insured.”
17. “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 family
units; or
c. The part of any other building where you reside;
and which is shown as the Insured Location in the Declarations.
“Residence Premises” also includes other structures and grounds at that location.
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People’s Trust Insurance Company Homeowners HO3 - Special Form
18. “Sinkhole” means a landform created by subsidence of soil, sediment, or rock as
underlying strata are dissolved by groundwater. A “sinkhole” forms by collapse into
subterranean voids created by dissolution of limestone or dolostone or by subsidence as
these strata are dissolved.
19. “Sinkhole Activity” means settlement or systematic weakening of the earth supporting
the covered building only if the settlement or systematic weakening results from
contemporaneous movement or raveling of soils, sediments or rock materials into
subterranean voids created by the effect of water on a limestone or similar rock
formation.
20. “Sinkhole Loss” means “structural damage” to the covered building, including the
foundation, caused by or arising out of “sinkhole activity.”
21 “Structural Damage” means a “principal building,” regardless of the date of its
construction, has experienced the following:
a Interior floor displacement or deflection in excess of acceptable variances as defined
in ACI 117-90 or the Florida Building Code, which results in settlement related
damage to the interior such that the interior building structure or members become
unfit for service or represents a safety hazard as defined within the Florida Building
Code;
Foundation displacement or deflection in excess of acceptable variances as defined
in ACI 318-95 or the Florida Building Code, which results in settlement related
damage to the “primary structural members” or “primary structural systems” that
prevents those members or systems from supporting the loads and forces they
were designed to support to the extent that stresses in those “primary structural
members” or “primary structural systems” exceeds one and one-third the nominal
strength allowed under the Florida Building Code for new buildings of similar
structure, purpose, or location;
Damage that results in listing, leaning, or buckling of the exterior load bearing
walls or other vertical “primary structural members” to such an extent that a plumb
line passing through the center of gravity does not fall inside the middle one-third of
the base as defined within the Florida Building Code;
Damage that results in the building, or any portion of the building containing
“primary structural members” or “primary structural systems,” being significantly
likely to imminently collapse because of movement or instability of the ground within
the influence zone of the supporting ground within the sheer plane necessary for the
purpose of supporting such building as defined within the Florida Building Code; or
e. Damage occurring on or after October 15, 2005, that qualifies as “substantial
structural damage” as defined in the Florida Building Code.
22. “Supplemental Claim" or “Reopened Claim” means any additional claim for recovery
from us for any loss we previously adjusted pursuant to an initial claim.
23. “Unoccupied” means the dwelling is not being inhabited as a residence.
24. “Vacant” means that the dwelling lacks the necessary amenities, adequate furnishings,
or utilities and services to permit occupancy of the dwelling as a residence.
SECTION I - PROPERTY COVERAGES
A. Coverage A — Dwelling
1 We cover:
a. The dwelling on the "residence premises" shown in the Declarations, including
structures attached to the dwelling; and
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People’s Trust Insurance Company Homeowners HO3 - Special Form
b. Materials and supplies located on or next to the "residence premises" used to
construct, alter or repair the dwelling or other structures on the "residence
premises".
2. We do not cover land, including land on which the dwelling is located.
Special Limits of Liability - Coverage A
Cosmetic and Aesthetic Damage to Floors
The total limit of liability for Coverage A is $10,000 per policy period for cosmetic and
aesthetic damages to floors.
1 Cosmetic or aesthetic damage includes but is not limited to:
a. Chips;
b. Scratches;
c. Dents; or
d. Any other damage;
to less than five percent (5%) of the total floor surface area and does not prevent
typical use of the floor.
2. This limit includes the cost of tearing out and replacing any part of the building
necessary to repair the damaged flooring.
3. This limit does not increase the Coverage A limit of liability shown on the declaration
page.
4. This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril
Insured Against as named and described for Coverage C - Personal Property.
B. Coverage B — Other Structures
1 We cover other structures, when premium for Coverage B is shown on the Declarations
page, 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 similar
connection.
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;
Cc. 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.
The limit of liability for this coverage will not be more than ten percent (10%) of the limit
of liability that applies to Coverage A. Use of this coverage does not reduce the
Coverage A limit of liability.
Coverage C — Personal Property
1 Covered Property
We cover personal property, when premium for Coverage C is shown on the
Declarations page, 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
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b. A guest or a "residence employee", while the property is in any residence occupied
by an "insured".
2. Limit For Property At Other Locations
a. Other Residences
Our limit of liability for personal property usually located at an "insured's" residence,
other than the "residence premises", is ten percent (10%) of the limit of liability for
Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to
personal property:
(1) Moved from the "residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or
(2) In a newly acquired principal residence for thirty (30) days from the time you
begin to move the property there.
b. Self-storage Facilities
Our limit of liability for personal property owned or used by an "insured" and located in a
self-storage facility is ten percent (10%) of the limit of liability for Coverage C, or $1,000,
whichever is greater. However, this limitation does not apply to personal property:
(1) Moved from the "residence premises" because it is:
(a) Being repaired, renovated or rebuilt; and
(b) Not fit to live in or store property in; or
(2) Usually located in an "insured's" residence, other than the "residence premises".
Special Limits Of Liability
The special limit for each category shown below is the total limit for each loss for all
property 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
silverware, platinum other than platinumware, coins, medals, scrip, stored value
cards and smart cards.
$1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes
other than bank notes, manuscripts, personal 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, replace or restore the information from the
lost or damaged material.
$1,500 on “watercraft” and “personal watercraft” of all types, including their trailers,
furnishings, equipment and outboard engines or motors.
$1,500 on trailers or semitrailers not used with “watercraft” or “personal watercraft”
of all types.
$1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones.
$2,500 for loss by theft of firearms and related equipment.
$2,500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware,
platinumware, platinum-plated ware and pewter ware. This includes flatware,
hollowware, tea sets, trays and trophies made of or including silver, gold or pewter.
$2,500 on property, on the "residence premises", used primarily for "business"
purposes.
$1,500 on property, away from the "residence premises", used primarily for
"business" purposes. However, this limit does not apply to antennas, tapes, wires,
records, disks or other media that are:
(1) Used with electronic equipment that reproduces, receives or transmits audio,
visual or data signals; and
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(2) In or upon a "motor vehicle".
$1,500 on portable electronic equipment that:
(1) Reproduces, receives or transmits audio, visual or data signals;
(2) Is designed to be operated by more than one power source, one of which is a
"motor vehicle's" electrical system; and
(3) Is in or upon a "motor vehicle".
$250 for antennas, tapes, wires, records, disks or other media that are:
(1) Used with electronic equipment that reproduces, receives or transmits audio,
visual or data signals; and
(2) In or upon a "motor vehicle"; and
$500 is the maximum loss payable for covered property stored in a freezer or a
refrigerator on the “residence premise”.
4. Property Not Covered
We do not cover:
a Articles separately described and specifically insured, regardless of the limit for
which they are insured, in this or other insurance;
b Animals, birds or fish;
Cc. “Motor vehicles".
This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c.
does not apply to:
(1) Portable electronic equipment that:
(a) Reproduces, receives or transmits audio, visual or data signals; and
(b) Is designed so that it may be operated from a power source other than a
“motor vehicle’s” electrical system.
(2) "Motor vehicles" not required to be registered for use on public roads or
property which are:
(a) Used solely to service a residence; or
(b) Designed to assist the handicapped;
“Aircraft”. “We do cover model or hobby aircraft, except drones, not used or
designed to carry people or cargo;
“Hovercraft”;
“Drone”;
Property of roomers, boarders and other tenants, except property of roomers and
boarders related to an "insured";
Property in an apartment regularly rented or held for rental to others by an “insured”,
except as provided in E. 10. Landlord’s Furnishings und Section | — Property
Coverages;
Property rented or held for rental to others off the "residence premises";
“Business” data, including such data stored in:
(1) Books of account, drawings or other paper records; or
(2) Computers and related equipment.
However, we do cover the cost of blank recording or storage media and of
prerecorded computer programs available on the retail market;
Credit cards, electronic fund transfer cards except as provided in ADDITIONAL
COVERAGES 6; or
Mopeds or similar motorized bicycles of any horsepower.
Page 7 of 38
PTIC P003 0516
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
People’s Trust Insurance Company Homeowners HO3 - Special Form
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 Prohibits Use below.
1 Addi
Preview
Filing # 123362854 E-Filed 03/18/2021 04:24:32 PM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CLYDE LOPEZ, CASE NO.: Plaintiff, Vv. PEOPLE’S TRUST INSURANCE COMPANY, Defendant, COMPLAINT Plaintiff, CLYDE LOPEZ (the “Insured”), hereby sues Defendant, PEOPLE’S TRUST INSURANCE COMPANY (the “Insurance Company”), and alleges as follows: PARTIES, JURISDICTION AND VENUE 1 This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars ($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a Declaratory Judgment action. 2 The Insured is an individual who at all times material hereto has resided in Osceola County, Florida. 3 The Insurance Company is a Florida corporation qualified to do business in Florida and has, at all times material hereto, been conducting business in Osceola County, Florida. 4 Venue is proper in Osceola County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Osceola County, Florida. 5 All conditions precedent to the filing of this lawsuit have occurred, have been waived or have been performed. GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of a premium paid by the Insured, there was in full force and effect a certain homeowners insurance policy issued by the Insurance Company with a policy number of PFL332870-03 (the “Policy”). A true and correct copy of policy is attached hereto as Exhibit “A”. 7 Accordingly, under the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insured’s property against certain losses. The damaged property is located at 29 Linda Lane , Kissimmee , FL 34744 (the “Property”). 8 On or about April 20, 2019, while the Policy was in full force and effect, the Property sustained a covered loss as a result of sudden and accidental failure of plumbing system (the “Loss”). 9 The Insurance Company assigned claim number CFL19553864 to the Loss. 10. Subsequently, on or about February 5, 2021, the Insurance Company informed the Insured that it was denying coverage for the Loss on the basis that it was not covered by the Policy. However, after diligent inspection of the Loss, it was obvious that the Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 11. The Insured has suffered and continues to suffer damages resulting from Insurance Company’s breach of the Policy. 12. The Insured has been obligated to retain the undersigned attorneys for the prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute Sections 627.428 and/or 626.9373. COUNT I BREACH OF CONTRACT 13. The Insured reincorporates paragraphs 1 through 12 as if fully set forth herein. 14. It is undisputed that the Insured and the Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to insure the Insured’s Property. 1S. The Insured has paid all premiums due and owing as contemplated by the Policy; thus, fully performing its obligations under the Policy. 16. The Insured’s Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 17. Furthermore, at all times material hereto, the Insured has satisfied all post-loss obligations to the best of its ability in accordance with the Policy. 18. In contrast, the Insurance Company has failed to: (i) acknowledge coverage for the Loss; and/or (ii) acknowledge that payment would be forthcoming; and/or (iii) make any payment of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the Policy. 19. Asa direct and proximate result of the Insurance Company’s breach of the Policy, the Insured has sustained damages. WHEREFORE, the Insured respectfully requests that this Court enter judgment against the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant to Sections 627.428 and/or 626.9373. COUNT II DECLARATORY JUDGMENT 20. The Insured reincorporates paragraphs 1 through 12 as if fully set forth herein. 21. There is a bona fide, actual, present, adverse, and practical need for this Court to render a declaration as to whether the Policy issued by Insurer to Insured provides coverage to Insured for the Loss. 22. There is doubt between the Insured and Insurer regarding coverage of the loss which affects the rights and/or privileges of the Parties. 23. This declaration deals with a present controversy as to the application of the law to facts regarding the insurance coverage available to Insured for the Loss. 24. By filing this declaratory judgment action, the Insured is not requesting that the Court merely provide legal advice or answer questions propounded from curiosity. 25. Based upon the foregoing, the Insured is entitled to a declaratory judgment, holding that coverage does exist for the Loss; thus removing any doubt that exists between the Parties. 26. Pursuant to Section 86.081, Florida Statues, the Insured is entitled to costs. WHEREFORE, the Insured respectfully seeks the entry of a declaratory judgment against the Insurer holding that the Loss is covered under the Policy, plus costs and attorney fees for bringing this action and such other relief as the Court deems just and proper. JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury on all issues so triable. Dated this 18 day of March 2021. Respectfully Submitted, Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: YIA 13@Y ourinsuranceattorney.com Secondary Email: Eservice@Y ourinsuranceattorney.com By: 4/ Aristides Diaz, Esq. Aristides “Kico” Diaz, Esq. Florida Bar No. 118400 ta People’sTrust. Insurance Company ed, Siri ery. Customer Service: 800-500-1818 To Report a Claim: 877-333-1230 Mortgagee Fax: 561-282-0627 Main Fax: 561-807-0811 Simply a Better Way* www.PTLinsure 18 People’s Trust Way « Deerfield Beach, FL 33441-6270 Policy Number: PFL332870-03 People’s Trust Insurance Company Homeowners Declarations Page Insured’s Name and Mailing Address: Effective Date: 12/04/2018 CLYDE LOPI Expiration Date: 12/04/2019 29 LINDA LN 12:01 a.m. Eastern Time at the location KISSIMMEE, FL 34744-4728 of the Residence Premises Insured Location (Residence Premises): Your Agency: 29 LINDALN CONSUMERS CHOICE UNDERWRITERS, INC. (0288/00- KISSIMMEE, FL 34744-4728 00) 3600 RED ROAD SUITE 601A MIRAMAR, FL 33025 County: OSCEOLA (954) 688-0010 st wes see Windstorm or Hail (Other Than Hurricane) Deductible: Sinkhole Deductibl $2,500 No Coverage Hurricane Deductible: All Other Perils Deductible: $10,059 (5% of Coverage $2,500 Coverage is only provided where a limit of liability and a premium is shown, os ioe ne i ae nae overage Dwelling $1,6 Coverage B. Other Structures EXCL EXCL Coverage C. Personal Property $20,118 -$28.00 Coverage D. Loss of Use $20,118 INCL Coverage E. Personal Liability $100,000 $15.00 Coverage F. Medical Payments to Others $2,000 INCL Total Base Premium $1,648.00 ee ey se noe we a 109 7) ce ‘OVE lect ‘orm 5% Fungi, Wet or Dry Rot, or Bacteria Coverage $10,000 INCL £023 (11/15) Preferred Contractor Endorsement $(43.00) WTRDMGEXCL (10/18) Water Damage Exclusion $(198.00) LMTWTR (10/18) Limited Water Damage Coverage $10,000 $119.00 Total Opt I Cor id Adjustments (12; ie on i ie ue HO! mergency Management Prepare Iness & Assistance Trust Fund Managing General Agency Fee $25.00 Total Mandatory Additional Charges $27.00 Total Annual Policy Premium: (Including Assessments and All Surcharges) $922.00 The portion of your premium for Hurricane Coverage is: $152.00 The portion of your premium for All Other Coverage is: $663.00 PTIC D001 (11/17) Page 1 of 3 EXHIBIT "A" Policy Number: PFL332870-03 NOCPT (10/18) b A002 (11/07) ‘A007 (10/16) ‘A009 (11/07) DO (08/17) £005 (11/07) E007 (06/16) £016 (11/15) E023 (11/15) HO3 OC (10/16) OIR-B1-1670 (01-01-06) P003 (05/16) WTRDMGEXCL (10/18) Rating Credits urcharges Premises Alarm or Fire Protection System $(24.00) Age of Home (All Other Peril) $215.00 ‘Age of Home (Hurricane) $7.00 Deductible Adjustment (277.00) Building Code Compliance Grading $12.00 Wind Mitigation Device Credit (387.00) Protection Class/Construction Credit $(151.00) Paperless Discount (26.00) Rating Infor ion Form Type HO-3 Terrain B Year Built 1973 Roof Covering FBC Equivalent Construction Type Masonry Roof Decking Dimensional Lumber (Wood) County OSCEOLA Roof Deck Attachment C-8d @ 6in/6in Territory 511 Roof to Wali Connection Clip Protection Class Roof Shape Other BCEGS 99 Secondary WaterResistance NO Burglar Alarm YES Opening Protection None Fire Alarm NO FBC Wind Speed NIA Automatic Fire Sprinkler None Wind Speed Design NIA Wind/Hail Excluded NO Debris Region NO [ Mortgagee(s), dditional insured(s), and/or Additional interest(s) 41st Mortgagee FREEDOM MORTGAGE ‘CORPORATION, ISAOA / ATIMA, P.O. BOX 100562, FLORENCE, SC 29502-( 0562 Loan # 0093440253 A $20.00 premium increase is due to a coverage change. A $-31.00 premium decrease is due to a rate change. A premium adjustment of . (387.00) is included to reflect the building's wind loss mitigation features or construction techniques that exist. Credits range from oO % to_84 %, A premium adjustment of $. 12 is included to reflect the building code grade for your area, Adjustments range from a 1.9 % surcharge toa_13.2_% credit Executed by Authorized Sigi ure: — | om ‘Authorized Regresentative PTIC Doot (14/17) Page 2 of 3 Policy Number: PFL332870-03 aaye) ca) (I LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT- OF-POCKET EXPENSES TO YOU. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR WINDSTORM OR HAIL (OTHER THAN HURRICANE) LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. PTIC boot anny idsiHURS AUR RSA Page 3 of 3 People’s Trust Insurance Company Homeowners HO3 - Special Form HOMEOWNERS 3 - SPECIAL FORM AGREEMENT This policy is issued on behalf of People’s Trust Insurance Company. In reliance on the information “you” have given “us”, “we” agree to provide the insurance coverages indicated in the Policy Declarations. In return, “you” must pay the premium when due and comply with the policy terms and conditions, and inform us within sixty (60) days of any change of ownership, title, use or occupancy of the “residence premises.” 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,” “u: and “our” refer to the company providing this insurance. B. In addition, certain words and phrases are defined as follows: 1 “Aircraft,” “Drone,” “Hovercraft,” “Motor Vehicle,” “Watercraft,” and “Personal Watercraft” are defined below: a “Aircraft” means any contrivance used or designed for flight except model or hobby aircraft not used or designed to carry people or cargo; b “Hovercraft” means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flare craft and air cushion vehicles; Cc. “Watercraft” means a craft principally designed to be propelled on or in water by wind, engine power, or electric motor; “Personal Watercraft” means “watercraft” designed to carry one to three people, propelled by a water jet pump powered by an internal combustion engine, and capable of speeds greater than 25 MPH. “Personal watercraft” includes but is not limited to “watercraft” often referred to as jet skis, wave runners, and other similar “watercraft.” “Motor Vehicle” means: (1) A self-propelled land or amphibious vehicle; or (2) Any trailer or semitrailer which is being carried on, towed by, or hitched for towing by a vehicle described in 1. e. (1) above. “Drone” means any unmanned aircraft or ship that can navigate autonomously without human control or beyond line of sight by way of GPS, remote control, or onboard computer. “Bodily Injury” means bodily harm, sickness or disease, including required care, loss of services and death that results. “Business” includes trade, profession, occupation or usual activity in which an “insured” is engaged in on a full-time, part-time, or occasional basis for money or other compensation. “Catastrophic Ground Cover Collapse” means geological activity that results in all of the following: a The abrupt collapse of the ground cover; b A depression in the ground cover clearly visible to the naked eye; Cc. “Structural damage” to the covered building, including the foundation; and d The insured structure being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that structure. Page 1 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission. People’s Trust Insurance Company Homeowners HO3 - Special Form “Fungi” a “Fungi” means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. b. Under Section Il — Liability Coverages, this does not include any “fungi”, or bacteria that are, are on, or are contained in a good or product intended for consumption. “Hurricane Occurrence” A “hurricane occurrence”: a Begins at the time a hurricane watch or warning is issued for any part of Florida by the National Hurricane Center of the National Weather Service; b Continues for the time period during which the hurricane conditions exist anywhere in Florida; and Cc. Ends seventy-two (72) hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center of the National Weather Service. “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 your care or the care of a resident of your household who is your relative; A student enrolled in school full-time, as defined by the school, who was a resident of your household before moving out to attend 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 resident of your household who is your relative; or 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 described in B. 7.a. or b. "Insured" does not mean a person or organization using or having custody of these animals or watercraft 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 described in B. 7.a. or b.; or (b) Other persons using the vehicle on an "insured location" with your consent. d Under both Sections | and Il, when the word an immediately precedes the word insured", the words an "insured" together mean one or more "insureds". “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 residence; Any premises used by you in connection with a premises described in 8 a. and 8 b. above; Any part of a premises: (1) Not owned by an “insured”; and (2) Where an “insured” is temporarily residing; Vacant land, other than farm land, owned by or rented to an “insured”; Land owned by or rented to an “insured” on which a one or two family dwelling is being built as a residence for an “insured”; Page 2 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission. People’s Trust Insurance Company Homeowners HO3 - Special Form 9 Individual or family cemetery plots or burial vaults of an “insured”; or h Any part of a premises occasionally rented to an “insured” for other than “business” use. “Marring” means to: a. Disfigure; b Deface; C, Scar; or d Blemish. 10. “Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period, in: a “Bodily Injury”; or b “Property damage.” 11 “Personal Injury” means injury arising out of one or more of the following offenses committed during the policy period: a False arrest, detention, or imprisonment; b Malicious prosecution; Cc. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupied, committed by or on behalf of its owner, landlord, or lessor; Oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products, or services; Oral or written publication of material that violates a person’s right of privacy; or Electronic aggression including but not limited to harassment or bullying committed by means of any electronic forum, including but not limited to a blog, an electronic bulletin board, an electronic chat room, a gripe site, a social networking site, a web site, a web blog, email, instant messaging, or text messaging. 12. “Primary Structural Member” means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure. 13. “Primary Structural System” means an assemblage of “primary structural members.” 14. “Principal Building means the dwelling where you reside on the “residence premises” shown in the Declarations, including structures attached to the dwelling. “Principal Building” does not include any other buildings or structures at that location. 15. “Property Damage” means physical damage to, destruction of, loss of use of, or the theft of tangible property. 16. “Residence Employee” means: a. An employee of an “insured,” whose duties are related to the maintenance or use of the “residence premises,” including landscape, household or domestic services; or b. One who performs similar duties elsewhere not related to the “business” of an “insured.” 17. “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 family units; or c. The part of any other building where you reside; and which is shown as the Insured Location in the Declarations. “Residence Premises” also includes other structures and grounds at that location. Page 3 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission. People’s Trust Insurance Company Homeowners HO3 - Special Form 18. “Sinkhole” means a landform created by subsidence of soil, sediment, or rock as underlying strata are dissolved by groundwater. A “sinkhole” forms by collapse into subterranean voids created by dissolution of limestone or dolostone or by subsidence as these strata are dissolved. 19. “Sinkhole Activity” means settlement or systematic weakening of the earth supporting the covered building only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediments or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. 20. “Sinkhole Loss” means “structural damage” to the covered building, including the foundation, caused by or arising out of “sinkhole activity.” 21 “Structural Damage” means a “principal building,” regardless of the date of its construction, has experienced the following: a Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement related damage to the interior such that the interior building structure or members become unfit for service or represents a safety hazard as defined within the Florida Building Code; Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building Code, which results in settlement related damage to the “primary structural members” or “primary structural systems” that prevents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those “primary structural members” or “primary structural systems” exceeds one and one-third the nominal strength allowed under the Florida Building Code for new buildings of similar structure, purpose, or location; Damage that results in listing, leaning, or buckling of the exterior load bearing walls or other vertical “primary structural members” to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined within the Florida Building Code; Damage that results in the building, or any portion of the building containing “primary structural members” or “primary structural systems,” being significantly likely to imminently collapse because of movement or instability of the ground within the influence zone of the supporting ground within the sheer plane necessary for the purpose of supporting such building as defined within the Florida Building Code; or e. Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building Code. 22. “Supplemental Claim" or “Reopened Claim” means any additional claim for recovery from us for any loss we previously adjusted pursuant to an initial claim. 23. “Unoccupied” means the dwelling is not being inhabited as a residence. 24. “Vacant” means that the dwelling lacks the necessary amenities, adequate furnishings, or utilities and services to permit occupancy of the dwelling as a residence. SECTION I - PROPERTY COVERAGES A. Coverage A — Dwelling 1 We cover: a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and Page 4 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission. People’s Trust Insurance Company Homeowners HO3 - Special Form b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises". 2. We do not cover land, including land on which the dwelling is located. Special Limits of Liability - Coverage A Cosmetic and Aesthetic Damage to Floors The total limit of liability for Coverage A is $10,000 per policy period for cosmetic and aesthetic damages to floors. 1 Cosmetic or aesthetic damage includes but is not limited to: a. Chips; b. Scratches; c. Dents; or d. Any other damage; to less than five percent (5%) of the total floor surface area and does not prevent typical use of the floor. 2. This limit includes the cost of tearing out and replacing any part of the building necessary to repair the damaged flooring. 3. This limit does not increase the Coverage A limit of liability shown on the declaration page. 4. This limit does not apply to cosmetic or aesthetic damage to floors caused by a Peril Insured Against as named and described for Coverage C - Personal Property. B. Coverage B — Other Structures 1 We cover other structures, when premium for Coverage B is shown on the Declarations page, 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 similar connection. 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; Cc. 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. The limit of liability for this coverage will not be more than ten percent (10%) of the limit of liability that applies to Coverage A. Use of this coverage does not reduce the Coverage A limit of liability. Coverage C — Personal Property 1 Covered Property We cover personal property, when premium for Coverage C is shown on the Declarations page, 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 Page 5 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission. People’s Trust Insurance Company Homeowners HO3 - Special Form b. A guest or a "residence employee", while the property is in any residence occupied by an "insured". 2. Limit For Property At Other Locations a. Other Residences Our limit of liability for personal property usually located at an "insured's" residence, other than the "residence premises", is ten percent (10%) of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: (1) Moved from the "residence premises" because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) In a newly acquired principal residence for thirty (30) days from the time you begin to move the property there. b. Self-storage Facilities Our limit of liability for personal property owned or used by an "insured" and located in a self-storage facility is ten percent (10%) of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property: (1) Moved from the "residence premises" because it is: (a) Being repaired, renovated or rebuilt; and (b) Not fit to live in or store property in; or (2) Usually located in an "insured's" residence, other than the "residence premises". Special Limits Of Liability The special limit for each category shown below is the total limit for each loss for all property 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 silverware, platinum other than platinumware, coins, medals, scrip, stored value cards and smart cards. $1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal 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, replace or restore the information from the lost or damaged material. $1,500 on “watercraft” and “personal watercraft” of all types, including their trailers, furnishings, equipment and outboard engines or motors. $1,500 on trailers or semitrailers not used with “watercraft” or “personal watercraft” of all types. $1,500 for loss by theft of jewelry, watches, furs, precious and semiprecious stones. $2,500 for loss by theft of firearms and related equipment. $2,500 for loss by theft of silverware, silver-plated ware, goldware, gold-plated ware, platinumware, platinum-plated ware and pewter ware. This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter. $2,500 on property, on the "residence premises", used primarily for "business" purposes. $1,500 on property, away from the "residence premises", used primarily for "business" purposes. However, this limit does not apply to antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and Page 6 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission. People’s Trust Insurance Company Homeowners HO3 - Special Form (2) In or upon a "motor vehicle". $1,500 on portable electronic equipment that: (1) Reproduces, receives or transmits audio, visual or data signals; (2) Is designed to be operated by more than one power source, one of which is a "motor vehicle's" electrical system; and (3) Is in or upon a "motor vehicle". $250 for antennas, tapes, wires, records, disks or other media that are: (1) Used with electronic equipment that reproduces, receives or transmits audio, visual or data signals; and (2) In or upon a "motor vehicle"; and $500 is the maximum loss payable for covered property stored in a freezer or a refrigerator on the “residence premise”. 4. Property Not Covered We do not cover: a Articles separately described and specifically insured, regardless of the limit for which they are insured, in this or other insurance; b Animals, birds or fish; Cc. “Motor vehicles". This includes a "motor vehicle's" equipment and parts. However, this Paragraph 4.c. does not apply to: (1) Portable electronic equipment that: (a) Reproduces, receives or transmits audio, visual or data signals; and (b) Is designed so that it may be operated from a power source other than a “motor vehicle’s” electrical system. (2) "Motor vehicles" not required to be registered for use on public roads or property which are: (a) Used solely to service a residence; or (b) Designed to assist the handicapped; “Aircraft”. “We do cover model or hobby aircraft, except drones, not used or designed to carry people or cargo; “Hovercraft”; “Drone”; Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; Property in an apartment regularly rented or held for rental to others by an “insured”, except as provided in E. 10. Landlord’s Furnishings und Section | — Property Coverages; Property rented or held for rental to others off the "residence premises"; “Business” data, including such data stored in: (1) Books of account, drawings or other paper records; or (2) Computers and related equipment. However, we do cover the cost of blank recording or storage media and of prerecorded computer programs available on the retail market; Credit cards, electronic fund transfer cards except as provided in ADDITIONAL COVERAGES 6; or Mopeds or similar motorized bicycles of any horsepower. Page 7 of 38 PTIC P003 0516 Includes copyrighted material of Insurance Services Office, Inc. with its permission. People’s Trust Insurance Company Homeowners HO3 - Special Form 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 Prohibits Use below. 1 Addi