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Filing # 128492990 E-Filed 06/10/2021 12:14:37 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
ALBERTO MOSCOSO,
Plaintiff,
vs.
SOUTHERN FIDELITY INSURANCE COMPANY,
Defendant.
COMPLAINT
COMES NOW the Plaintiff, ALBERTO MOSCOSO, by and through its undersigned
counsel, and sues the Defendant, SOUTHERN FIDELITY INSURANCE COMPANY, and would
allege as follows:
GENERAL ALLEGATIONS
1 This is an action for damages greater than the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of interest, costs and attorney’s fees, and otherwise within the
jurisdictional limits of this Court.
2. At all times material hereto, Defendant, SOUTHERN FIDELITY INSURANCE
COMPANY, is a Florida corporation authorized and doing business in OSCEOLA COUNTY,
FLORIDA.
3 At all times material hereto, Plaintiff, ALBERTO MOSCOSO, owns property
insured by Defendant located at 418 SEA WILLOW DRIVE, KISSIMMEE, FLORIDA, 34743,
OSCEOLA COUNTY, FLORIDA (the “Subject Property”).
Page 1 of 4
4 Venue is proper in OSCEOLA County, Florida pursuant to Florida Statute 47.011,
because the cause of action upon which these allegations are based accrued in OSCEOLA County,
Florida, and the property at issue is located in OSCEOLA County, Florida.
5 That Plaintiff was insured at the time of loss, on May 28, 2020, under Defendant’s
insurance policy number CPH21381100055 (the “Subject Policy”).
6 A true and correct copy of the insurance policy is attached hereto as Exhibit “A”.
7 Plaintiff paid all insurance premiums, performed all post loss conditions, and
performed all conditions precedent. In the alternative, all conditions precedent have been waived.
8 On or about May 28, 2020, Plaintiff suffered a loss due to water discharge in the
kitchen, a covered peril under the Subject Policy involving the Subject Property (the “Loss”).
9. Defendant acknowledged receipt for the Loss as claim number 550100032080 and
assigned an insurance adjuster to adjust the Loss.
10. Plaintiff provided Defendant with a damage estimate for a covered loss.
11. Defendant was given timely notice of the loss and investigated the claim
including inspecting the property and estimating the damage and was not prejudiced in its
investigation.
12. Defendant rejected the total amount of damages and completely denied coverage.
COUNT I - BREACH OF CONTRACT
13. Plaintiff reavers, readopts and realleges the allegations contained in Paragraphs 1
through 12 of this Complaint, and as a first cause of action, would further allege:
14. That the policy provides coverage for direct physical loss to the Plaintiff's
property due to water discharge in the kitchen mentioned herein.
Page 2 of 4
15. That the Plaintiff sustained unpaid damages that is a covered loss under the
Defendant’s policy of insurance.
16. That the Plaintiff demanded the Defendant honor its contractual obligation and
pay for the unpaid damages to the insured property.
17. That the Defendant’s representative sent a letter to the Plaintiff denying coverage
of the claim.
18. That as a result of Defendant’s breach of contract, Plaintiff sustained damage to
the insured property.
19. That Defendant refuses to honor its contractual obligations to be a protector of
Plaintiff's assets and pay for the covered loss.
20. That Plaintiff has further had to retain the undersigned attorney and agreed to pay
him a reasonable fee for which the Defendant is liable under § 627.428.
21. Florida Statute 627.428(1) states:
Upon the rendition of a judgment or decree by any of the courts of this state against
an insurer and in favor of any named or omnibus insured or the named beneficiary
under a policy or contract executed by the insurer, the trial court or, in the event of
an appeal in which the insured or beneficiary prevails, the appellate court shall
adjudge or decree against the insurer and in favor of the insured or beneficiary a
reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney
prosecuting the suit in which the recovery is had.
WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment
interest and attorney’s fees pursuant to Florida Statute § 627.428.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable.
Page 3 of 4
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice
of designation of email address for the purpose of service of all documents required to be served
in this proceeding: icadings@thepropertyadvocates.com; team 14@thepropertyadvocates.com,
DATED this June 10, 2021.
Respectfully submitted,
THE PROPERTY ADVOCATES, P.A.
Attorney for Plaintiff
255 S. Orange Avenue, Suite 750
Orlando, FL 32801
Telephone: (321) 234-3600
Facsimile: (321) 256-5367
Primary E-Service: pleadings@thepropertyadvocates.com
Secondary E-Service: team14@thepropertyadvocates.com
Email: nelson@thepropertyadvocates.com
Email: nivanor@thepropertyadvocates.com
Email: jrobles@thepropertyadvocates.com
By: ~
NELSON CRESPO, ESQUI
FLORIDA BAR NO.: 121499
NESTOR M. IVANOR, ESQUIRE
FLORIDA BAR NO.: 1003018
JENNIFER K. ROBLES, ESQUIRE
FLORIDA BAR NO.: 1022425
Page 4 of 4
EXHIBIT “A”
HOMEOWNERS DECLARATION
CAPITOL P.O. BOX 15339
TALLAHASSEE, FL 32317-5339
_ POLICY NUMBER
ppouicy PERIOD
Preferred Insurance Company, Inc CPH 2138110 00 55 04/15/2020 04/15/2021
12:01 A.M. Standard Time at the described location]
For Customer Service Call 1-800-734-4749 For Claims Call 1-888-388-2742
NEW DECLARATION Effective: 04/15/2020 Date Issued: 04/10/2020
INSURED: AGENT: 0700693 _
ALBERTO A MOSCOSO, FLORIDA INSURANCE CENTRAL LLC
418 SEA WILLOW DR ROBERTO DELGADO
KISSIMMEE FL 34743 1954 N JOHN YOUNG PKWYVD
KISSIMMEE, FL 34741
Telephone: 305-726-5285 Telephone: 407-308-2810
The residence premises covered by this policy is located at the above insured address unless otherwise stated below:
418 SEA WILLOW DR KISSIMMEE FL 34743,
Coverage is provided where premium and limit of liability is shown
Flood coverage is not provided by CAPITOL PREFERRED and is not a part of this
policy.
SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS
A. DWELLING $268,100.00 $1,404.00
B. OTHER STRUCTURES $26,810.00 INCLUDED
C. PERSONAL PROPERTY $67,100.00 -$67.00
D. LOSS OF USE $53,620.00 INCLUDED
SECTION Il COVERAGE
—. PERSONAL LIABILITY $300,000.00 $18.00
F. MEDICAL PAYMENTS: $1,000.00 INCLUDED
OPTIONAL COVERAGES
LIMITED FUNGI,ROT BACTERIA $10, 000/820, 000 INCLUDED
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: SEE REVERSE SIDE $1,382.00
PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY.
FORMS AND ENDORSEMENTS.
*CPH FL AL (10/03) *CPH FL H3 (08/02) COUNTERSIGNED DATE 94/10/2020
*CPHFLCGCC (04/09) *CPHFLDB (12/03)
*CPHFLMC3 (01/03) *“CPHFLOH (04/09)
*“FRPC-16 (09/95) *“FRPC-24 (07/97)
BY
Continued on Forms Schedule
ADDITIONAL INTERESTS Zz.
MORTGAGEE
505250878
FLAGSTAR BANK
P.O. BOX 52198
ISAOA
PHOENIX AZ 85072
CPH FL DEC 09/02 FULL ELECTRONIC COPY
HOMEOWNERS DECLARATION
CAPITOL
Preferred Insurance Company, Inc.
POLICY NUMBER _
CPH 2138110 00 55
eee
04/15/2020 04/15/2021
12:01 AWM. Standard Time atthe described locaton
For Customer Service Call 1-800-734-4749 For Claims Call 1-888-388-2742 _
NEW DECLARATION Effective: 04/15/2020 Date Issued: oar 0/2020
INSURED: AGENT: 0700693
ALBERTO A MOSCOSO FLORIDA INSURANCE CENTRAL Lic
418 SEA WILLOW DR ROBERTO DELGADO
KISSIMMEE FL 34743 1954 N JOHN YOUNG PKWYVD
KISSIMMEE, FL 34741
Telephone: 305-726-5285 Telephone: 407-308-2810
The residence premises covered by this policy is located at the above insured address unless otherwise stated below:
418 SEA WILLOW DR KISSIMMEE FL 34743
All other perils deductible: $ 2,500.00
Hurricane Deductible: § 5,362.00
SECTION I, SECTION II AND OPTIONAL PREMIUMS $ 1,355.00
EMERGENCY MANAGEMENT TRUST FUND SURCHARGE 2.00
MGA POLICY FEE $ 25.00
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES $ 1,382.00
Note: The portion of your premium for Hurricane Coverage is: $ 411.00
FORM TYPE HO-3 YEAR BUILT 1989 TOWN/ROW HOUSE,
CONSTRUCT TYPE CONSTRUCT SUPERIOR NUMBER OF FAMILIES
TERRITORY $11 PROTECTION CLASS o1 PRIOR DEC S/C
USE CODE HOME UPDATED MUNICIPAL CODE 999
COUNTY CODE 049 PROT DEVICE/BURGLAR PROT DEVICE/FIRE
PROT DEV/SPRINKLER EXCLUDE CONTENTS: WIND/HAIL EXCLUSION
REPLACEMENT COST OCCUPANCY CODE OWNER
A premium adjustment of $0.00 is included to reflect the building code grade for your area. Adjustments
range from a4.8% surcharge to a 46.1% credit.
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
CPH FL DEC 09/02 FULL ELECTRONIC COPY
| Policy Number i polley Period i
CPH 2138110 00 55 04/15/2020 04/15/2021
12:01 A.M, Standard Time at the described locati
TOTAL WIND MITIGATION CREDITS.
ROOF COVER FBC EQUIVALENT
ROOF DECK 8d @ 6/6
ROOF SHAPE OTHER ROOF SHAPE - GABLE/FLAT
ROOF WALL CLIPS
OPEN PROTECTION NONE
SWR NO SWR
TERRAIN TERRAIN B 2% DED
FBC WIND SPEED MPH 100
WIND SPEED OF DESIGN =>100
INTERNAL PRESSURE ENCLOSED
WBDR NO WBDR
FORMS SCHEDULE
(continued from page 1)
*HO 0355 (01/06) HO-0109 (12/12) *HO-0496 (10/00) * OIRB11655 (02/10) * OIRB11670 (01/06)
*PIC 08 (02/98) PIC 09 (02/98) *PIC-13 (08/97)
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC
GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY
BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR
POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE
LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR
SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
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.
CPIC FL FS 09/02 FULL ELECTRONIC COPY
Hi
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CAPIT
Preferred Insurance Company, Inc.
O
PO Box 15339
Tallahassee, Florida 32317-5339
Questions? Call 1-800-734-4749
Claims? Call 1-888-388-2742
HOMEOWNERS
This Policy Jacket with the Policy Form Declarations Page and Endorsements,
if any, issued to form a part thereof, completes the policy as numbered on the
Declarations Page.
CPH FL PJ 0702
POLICY PROVISION: All premiums for this insurance shall be computed in accordance with Capitol Preferred
Insurance Company's rules, forms, rating plans, premiums and minimum premiums applicable to the insurance
afforded herein which are in effect the inception of the insurance and, except with respect to insurance premiums
guaranteed for a period no longer than one year, upon each anniversary thereof, including the date of interim
changes.
IN WITNESS WHEREOF, the insurer on the reverse hereof has caused this instrument to be signed by its
President.
po on
James
President
Graganella
Capitol Preferred Insurance Company, Inc.
CAPITOL
Preferred Insurance Company, Inc.
Dear Insured:
Welcome to Capitol Preferred Insurance Company. We are delighted to have you as our
customer. Capitol Preferred is a Florida company located in Tallahassee, Florida. Please review
the following points regarding your policy:
1. This policy does not provide flood coverage. You must purchase your flood
insurance separately from this policy. It is important to make sure that your home is
properly protected with this important coverage.
2. We can replace your house and belongings, but we cannot replace you. Please make
sure that your home is secured with deadbolt locks and smoke detectors.
3. Your Declaration Page is attached. This lists all the forms and endorsements that are a
part of your policy. Copies of the forms and endorsements are included in the policy
booklet. Only the forms listed on the Declaration Page are applicable to your policy.
We pledge to you that, under ordinary circumstances, should you report a claim, you will be
contacted within 24 hours by one of our adjusters. It is our company policy that all claims are
paid promptly and fairly under the terms of the policy. Our goal is your satisfaction.
There are two toll free numbers provided to assist you. For policy information and questions,
please call 1-800-734-4749. To reach the claims department, please call 1-888-388-2742.
Please keep these numbers for future use.
Thank you for providing us the opportunity to meet your homeowner insurance needs.
Sincerely,
po oe
James Graganella
President
CPH FL NB WL 04 09 Page 1 of 1
PRIVACY POLICY
AND
NOTICE OF INFORMATION PRACTICES
Capitol Preferred Insurance Company Inc.
Preferred Managing Agency Inc.
To Our Valued Customers: We
understand our obligation to keep your information secure and confidential. The
information we use in evaluating your application and servicing your policy comes to us primarily from you. Ad-
ditionally, we may also collect information about you from third parties, including but not limited to state motor ve-
hicle departments, consumer-reporting agencies and other persons proposed for coverage under your policy.
We do not disclose any nonpublic personal information about our customers or former customers to
anyone, except as permitted by law. In some cases this may mean information that can be disclosed to third
parties without your authorization; however, we maintain physical, electronic and procedural safeguards that
comply with state and federal regulations to guard your nonpublic personal information. Information about you is
only given to those of our employees who need it in order to provide you with products, benefits, services
including, but not limited to billing, underwriting, marketing and claims processing.
Important Notic In compliance with the requirements of the Fair Credit Reporting Act (Public Law 91-508),
Capitol Preferred Insurance Company advises that as part of our routine procedure for reviewing applications for
certain types of insurance or renewals of certain policies, we may procure a consumer report including
information as to the consumer's character, general reputation, personal characteristics or mode of living. If such
insurance is for an individual and is primarily for personal, family, or household purposes, such information may
be obtained through personal interviews with neighbors, friends or others with whom the consumer is acquainted.
Upon request to our company, we will provide in writing a complete and accurate disclosure of the nature and
scope of the consumer report requested or advise that no investigation was conducted.
To help you with your overall insurance program, your agent or broker may use customer information for
marketing purposes. We may also use customer information to communicate with you about products, features,
and options you have expressed an interest in or that we believe may be of interest to you. To transact business
on your behalf, we may find it necessary to provide customer information, without authorization but only as
permitted or required by law, to persons or organizations both inside and outside of Capitol Preferred Insurance
Company. These include, for example: our affiliated companies (Preferred Managing Agency) , companies
that perform marketing services on our behalf, or other financial institutions with which we have a joint marketing
agreement for the sale of our products, and your agent or broker.
You have the right to obtain access to certain information and the right to request correction of
information you feel inaccurate. Addi nally, you have the right to request that we not provide your
information to organizations outside of Capitol Preferred and its affiliates. To do so, please send a written
request to: Capitol Preferred Insurance Company Attn. Policyholder Information Section P.O. Box 15409,
Tallahassee, Florida 32308.
We value you as our customer and take your privacy very seriously. We will inform you of our privacy and
information practices each year that you are a Capitol Preferred customer.
CPI FL PN 0702
CAPITOL
Preferred Insurance Company, Inc.
AN OUTLINE OF YOUR HOMEOWNERS POLICY
The following outline of coverage is for informational purposes only. It is the express intent of Florida
Statute 627.4143, that this outline shall not be construed to modify any of the provisions of the legal
insurance contract which is the subject of this outline. READ YOUR HOMEOWNERS INSURANCE
POLICY CAREFULLY.
Policies of this category are designed to provide coverage for the following: your home; other
structures on your premises; your personal belongings; loss of use of your home; personal liability; and
medical payments to others.
POLICY COVERAGES
Please refer to your policy Declarations for limits applicable to each policy coverage, the
deductible which applies to property losses, and the policy premium. The following is a brief)
description of each of the principal coverage features.
SECTION I - Property Coverage
Coverage A - Covers your dwelling, including structures attached. Coverage A applies to real
property owned by you.
Coverage B - Covers private, non-business structures at your residence, detached from the
dwelling, such as a garage, fence, swimming pool or guesthouse.
Coverage C - Covers your personal property such as clothes and furniture. Certain special
limits apply such as $200 for moncy and $1,000 for theft of jewelry. You should review these in
Section I of your policy along with the kinds of property which are not covered, such as
motorized vehicles and property of roomers or boarders.
Coverage D - Additional Living Expense provides for payments to you if you temporarily
cannot continue to live in your residence because of a covered loss to your dwelling.
Perils Insured Against
Coverages A, B, and your Personal Property under Coverage C, is insured against specifically
named perils such as fire, lightning, windstorm, riot, vandalism, theft, ete.
CPH FL OH 04 09 Page 1 of 2
CAPITOL
Preferred Insurance Company, Inc.
PROPERTY EXCLUSIONS
The principal exclusions in your property coverage are briefly referred to here: Loss from earth
movement (other than catastrophic ground cover collapse), water damage from flood and other
surface or wind driven waters, power failure, neglect, war and nuclear hazards. Your policy may
also exclude (not cover) the perils of windstorm or hail if your property is located in a high
windstorm hazard area, such as, but not limited to, Monroe County and many coastal barrier
islands or coastal communities throughout the State of Florida. If your policy excludes the
windstorm and hail perils, you may be able to obtain this coverage through the Citizens
Property Insurance Corporation and you should ask your Agent about this important protection.
SECTION I — LIABILITY COVERAGES
Section II of your policy covers you for your legal liability for bodily injury or property damage
to others, arising out of your residence or the personal activities of you and your family
members away from the residence. Coverage does not apply to liability resulting from your
business pursuits, motor vehicles, or certain kinds of watercraft.
RENEWAL AND CANCELLATION PROVISIONS
You may cancel the policy at any time for any reason. Our rights to cancel or non-renew your
policy are limited to those conditions described in your policy. If we intend to cancel or refuse
renewal of your policy, we must send you a notice telling the reasons for our action and give
you advance notice of the cancellation or non-renewal date.
PREMIUM CREDITS
Your policy Declarations page will show which of the following credits, if any, apply to your
policy.
Protective Device - If your home has certain fire alarms or burglar alarms, you are
eligible for a premium credit;
Superior Construction - Certain homes of fire resistive or wind resistive construction.
are cligible for a premium credit;
Deductible Credits - Your policy provides a minimum $1,000 deductible. This is the
amount you pay for, in loss, before this policy pays. Deductibles greater than $1,000
provide a premium credit. The higher your deductible, the more your premium credit
will be.
REMEMBER - THIS OUTLINE IS FOR INFORMATIONAL PURPOSES ONLY.
READ YOUR POLICY CAREFULLY. YOUR AGENT WILL ASSIST YOU
WITH ANY QUESTIONS ABOUT YOUR POLICY.
CPH FL OH 04 09 Page 2 of 2
HOMEOWNERS
CPH FL H3 08 02
HOMEOWNERS 3 - SPECIAL FORM
AGREEMENT 2. "Bodily injury" means bodily harm, sickness
We will provide the insurance described in this or disease, including required care, loss of
policy in return for the premium and compliance services and death that results.
with all applicable provisions of this policy. "Business" includes trade, profession or oc-
cupation engaged in part time or full time
DEFINITIONS for payment, whether or not the insured is
A In this policy, "you" and "your" refer to the making a profit at the time of the loss.
“named insured" shown in the Declarations and "Employee" means an employee of an "in-
the spouse if a resident of the same household. sured", or an employee leased to an "in-
"We", "us" and "our" refer to the Company sured" by a labor leasing firm under an
providing this insurance. agreement between an "insured" and the
In addition, certain words and phrases are de- labor leasing firm, whose duties are other
fined as follows: than those performed by a “residence em-
ployee".
1 “Aircraft Liability", "Hovercraft Liability’,
"Motor Vehicle Liability” and "Watercraft "Insured" means:
Liability", subject to the provisions in b. a. You and residents of your household
below, mean the following: who are:
a Liability for "bodily injury" or "property (1) Your relatives; or
damage" arising out of the: (2) Other persons under the age of 21
(1) Ownership of such vehicle or craft and in the care of any person
by an "insured"; named above;
(2) Maintenance, occupancy, operation, b. Children who are under 18 years old and
use, loading or unloading of such have divorced parents who share cus-
vehicle or craft by any person; tody are covered only when in the care,
(3) Entrustment of such vehicle or craft custody or control of the "named in-
by an "insured" to any person; sured”.
A student enrolled in school full time,
(4) Failure to supervise or negligent as defined by the school, who was a
supervision of any person involving
such vehicle or craft by an "“in- resident of your household before mov-
sured"; or ing out to attend school, provided the
student is under the age of:
(5) Vicarious liability, whether or not
imposed by law, for the actions of a (1) 24 and your relative; or
child or minor involving such vehicle (2) 21 and in your care or the care of a
or craft. person described in a. (1} above; or
For the purpose of this definition: Under Section II:
(1) Aircraft means any contrivance (1) With respect to animals or water-
used or designed for flight except craft to which this policy applies,
model or hobby aircraft not used or any person or organization legally
designed to carry people or cargo; responsible for these animals or
watercraft which are owned by you
(2) Hovercraft means a self-propelled or any person included in a. or b.
motorized ground effect vehicle and
includes, but is not limited to, flare- above. "Insured" does not mean a
craft and air cushion vehicles; person or organization using or hav-
ing custody of these animals or
(3) Watercraft means a craft principally
watercraft in the course of any
designed to be propelled on or in
"business" or without consent of
water by wind, engine power or
the owner; or
electric motor; and
(4) Motor vehicle means a "motor ve- (2) With respect to a "motor vehicle" to
which this policy applies:
hicle" as defined in 7. below.
(a) Persons while engaged in your
employ or that of any person in-
cluded in a. or b. above; or
CPH FL H3 08 02 Contains Copyrighted material from Insurance Services Office, Inc. Page 1 of 22
(b) Other persons using the vehicle An employee of an "insured", or an em-
on an “insured location" with ployee leased to an "insured" by a labor
your consent. leasing firm, under an agreement be-
Under both Sections | and Il, when the tween an “insured” and the labor
word an immediately precedes the word leasing firm, whose duties are related to
"insured", the words an "insured" together the maintenance or use of the "resi-
mean one or more "insureds". dence premises", including household
"Insured location" means: or domestic services; or
a. The "residence premises"; One who performs similar duties else-
b, The part of other premises, other struc- where not related to the "business" of
tures and grounds used by you as a an "insured".
residence; and A “residence employee" does not include a
(1) Which is shown in the Declarations; temporary employee who is furnished to an
or "insured" to substitute for a permanent
"residence employee" on leave or to meet
(2) Which is acquired by you during the
seasonal or short-term workload conditions.
policy period for your use as a resi-
dence;
11 “Residence premises" means:
Any premises used by you in connec- a. The one family dwelling where you re-
tion with a premises described in a. and side;
b. above; b. The two family dwelling where you re-
Any part of a premises: side in at least one of the family units;
or
(1) Not owned by an "insured"; and
c. That part of any other building where
(2) Where an "insured" is temporarily
you reside;
residing;
and which is shown as the “residence
Vacant land, other than farm land,
premises" in the Declarations.
owned by or rented to an "insured";
"Residence premises" also includes other
Land owned by or rented to an "in-
structures and grounds at that location.
sured" on which a one, two, three or
four family dwelling is being built as a 12. "Resident" means a person who has been
staying at the insured premises for 7 or
residence for an "insured' :
more days or more than half of the 60 days
Individual or family cemetery plots or
before any event which might be subject to
burial vaults of an "insured"; or
this policy.
Any part of a premises occasionally
13. "Arising out of" or "arises out of" to mean
rented to an “insured” for other than
that any and all claims based on the
"business" use.
identified conduct or occurrence, no matter
"Motor vehicle” means: how a legal claim or cause of action is de-
a. A self-propelled land or amphibious ve- fined, described, presented or alleged, and
hicle; or no matter whom it is alleged against, is
b. Any trailer or semitrailer which is being considered to be part of any exclusion,
carried on, towed by or hitched for coverage or definition using those terms,
towing by a vehicle described in a. regardless of whether an insured committed
above. the act itself or is alleged to be negligent in
"Occurrence" means an accident, including any way.
continuous or repeated exposure to sub- 14 "Criminal Act" to mean any action or in-
stantially the same general harmful con- stance of negligence that is deemed in-
ditions, which results, during the policy pe- jurous to the public welfare or morals and is
riod, in: legally prohibited as a written or positive
a "Bodily injury"; or rule or collection of rules prescribed under
b, “Property damage". the authority of the state or nation.
"Property damage" means physical injury 15. "Hidden" means something that a rea-
to, destruction of, or loss of use of tangible sonable person would not be aware of be-
property. cause it is out of sight or not readily ap-
10 “Residence employee" means: parent.
CPH FL H3 08 02 Contains Copyrighted material from Insurance Services Office, Inc. Page 2 of 22
DEDUCTIBLE C. Coverage C - Personal Property
Unless otherwise noted in this policy, the following 1 Covered Property
deductible provision applies: We cover personal property owned or used
Subject to the policy limits that apply, we will pay by an "insured" while it is anywhere in the
only that part of the total of all loss payable under world. After a loss and at your request, we
Section I that exceeds the deductible amount will cover personal property owned by:
shown in the Declarations. a Others while the property is on the part
of the "residence premises" occupied
SECTION | - PROPERTY COVERAGES by an "insured"; or
A. Coverage A - Dwelling A guest or a "residence employee",
1. We cover: while the property is in any residence
a The dwelling on the "residence prem- occupied by an "insured".
ises" shown in the Declarations, in- Limit For Property At Other Residences
cluding structures attached to the Our limit of liability for personal property
ttt
usually located at an "insured's" residence,
dwelling; and
Materials and supplies located on or other than the “residence premises", is
next to the “residence premises" used 0% of the limit of liability for Coverage C,
to construct, alter or repair the dwelling or $1,000, whichever is greater. However,
or other structures on the “residence this limitation does not apply to personal
premises". property:
2. We do not cover land, including land on a. Moved from the “residence premises"
which the dwelling is located. because it is being repaired, renovated
B. Coverage B - Other Structures or rebuilt and is not fit to live in or store
property in; or
1 We cover other structures on the "resi-
dence premises" set apart from the dwell- In a newly acquired principal residence
ing by clear space. This includes structures for 30 days from the time you begin to
connected to the dwelling by only a fence, move the property there.
utility line, or similar connection. Special Limits Of Liability
We do not cover: The special limit for each category shown
a. Land, including land on which the other below is the total limit for each loss for all
structures are located; property in that category. These special
limits do not increase the
Preview
Filing # 128492990 E-Filed 06/10/2021 12:14:37 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION CASE NO: ALBERTO MOSCOSO, Plaintiff, vs. SOUTHERN FIDELITY INSURANCE COMPANY, Defendant. COMPLAINT COMES NOW the Plaintiff, ALBERTO MOSCOSO, by and through its undersigned counsel, and sues the Defendant, SOUTHERN FIDELITY INSURANCE COMPANY, and would allege as follows: GENERAL ALLEGATIONS 1 This is an action for damages greater than the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, costs and attorney’s fees, and otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, Defendant, SOUTHERN FIDELITY INSURANCE COMPANY, is a Florida corporation authorized and doing business in OSCEOLA COUNTY, FLORIDA. 3 At all times material hereto, Plaintiff, ALBERTO MOSCOSO, owns property insured by Defendant located at 418 SEA WILLOW DRIVE, KISSIMMEE, FLORIDA, 34743, OSCEOLA COUNTY, FLORIDA (the “Subject Property”). Page 1 of 4 4 Venue is proper in OSCEOLA County, Florida pursuant to Florida Statute 47.011, because the cause of action upon which these allegations are based accrued in OSCEOLA County, Florida, and the property at issue is located in OSCEOLA County, Florida. 5 That Plaintiff was insured at the time of loss, on May 28, 2020, under Defendant’s insurance policy number CPH21381100055 (the “Subject Policy”). 6 A true and correct copy of the insurance policy is attached hereto as Exhibit “A”. 7 Plaintiff paid all insurance premiums, performed all post loss conditions, and performed all conditions precedent. In the alternative, all conditions precedent have been waived. 8 On or about May 28, 2020, Plaintiff suffered a loss due to water discharge in the kitchen, a covered peril under the Subject Policy involving the Subject Property (the “Loss”). 9. Defendant acknowledged receipt for the Loss as claim number 550100032080 and assigned an insurance adjuster to adjust the Loss. 10. Plaintiff provided Defendant with a damage estimate for a covered loss. 11. Defendant was given timely notice of the loss and investigated the claim including inspecting the property and estimating the damage and was not prejudiced in its investigation. 12. Defendant rejected the total amount of damages and completely denied coverage. COUNT I - BREACH OF CONTRACT 13. Plaintiff reavers, readopts and realleges the allegations contained in Paragraphs 1 through 12 of this Complaint, and as a first cause of action, would further allege: 14. That the policy provides coverage for direct physical loss to the Plaintiff's property due to water discharge in the kitchen mentioned herein. Page 2 of 4 15. That the Plaintiff sustained unpaid damages that is a covered loss under the Defendant’s policy of insurance. 16. That the Plaintiff demanded the Defendant honor its contractual obligation and pay for the unpaid damages to the insured property. 17. That the Defendant’s representative sent a letter to the Plaintiff denying coverage of the claim. 18. That as a result of Defendant’s breach of contract, Plaintiff sustained damage to the insured property. 19. That Defendant refuses to honor its contractual obligations to be a protector of Plaintiff's assets and pay for the covered loss. 20. That Plaintiff has further had to retain the undersigned attorney and agreed to pay him a reasonable fee for which the Defendant is liable under § 627.428. 21. Florida Statute 627.428(1) states: Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had. WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment interest and attorney’s fees pursuant to Florida Statute § 627.428. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. Page 3 of 4 DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: icadings@thepropertyadvocates.com; team 14@thepropertyadvocates.com, DATED this June 10, 2021. Respectfully submitted, THE PROPERTY ADVOCATES, P.A. Attorney for Plaintiff 255 S. Orange Avenue, Suite 750 Orlando, FL 32801 Telephone: (321) 234-3600 Facsimile: (321) 256-5367 Primary E-Service: pleadings@thepropertyadvocates.com Secondary E-Service: team14@thepropertyadvocates.com Email: nelson@thepropertyadvocates.com Email: nivanor@thepropertyadvocates.com Email: jrobles@thepropertyadvocates.com By: ~ NELSON CRESPO, ESQUI FLORIDA BAR NO.: 121499 NESTOR M. IVANOR, ESQUIRE FLORIDA BAR NO.: 1003018 JENNIFER K. ROBLES, ESQUIRE FLORIDA BAR NO.: 1022425 Page 4 of 4 EXHIBIT “A” HOMEOWNERS DECLARATION CAPITOL P.O. BOX 15339 TALLAHASSEE, FL 32317-5339 _ POLICY NUMBER ppouicy PERIOD Preferred Insurance Company, Inc CPH 2138110 00 55 04/15/2020 04/15/2021 12:01 A.M. Standard Time at the described location] For Customer Service Call 1-800-734-4749 For Claims Call 1-888-388-2742 NEW DECLARATION Effective: 04/15/2020 Date Issued: 04/10/2020 INSURED: AGENT: 0700693 _ ALBERTO A MOSCOSO, FLORIDA INSURANCE CENTRAL LLC 418 SEA WILLOW DR ROBERTO DELGADO KISSIMMEE FL 34743 1954 N JOHN YOUNG PKWYVD KISSIMMEE, FL 34741 Telephone: 305-726-5285 Telephone: 407-308-2810 The residence premises covered by this policy is located at the above insured address unless otherwise stated below: 418 SEA WILLOW DR KISSIMMEE FL 34743, Coverage is provided where premium and limit of liability is shown Flood coverage is not provided by CAPITOL PREFERRED and is not a part of this policy. SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS A. DWELLING $268,100.00 $1,404.00 B. OTHER STRUCTURES $26,810.00 INCLUDED C. PERSONAL PROPERTY $67,100.00 -$67.00 D. LOSS OF USE $53,620.00 INCLUDED SECTION Il COVERAGE —. PERSONAL LIABILITY $300,000.00 $18.00 F. MEDICAL PAYMENTS: $1,000.00 INCLUDED OPTIONAL COVERAGES LIMITED FUNGI,ROT BACTERIA $10, 000/820, 000 INCLUDED TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES: SEE REVERSE SIDE $1,382.00 PLEASE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. FORMS AND ENDORSEMENTS. *CPH FL AL (10/03) *CPH FL H3 (08/02) COUNTERSIGNED DATE 94/10/2020 *CPHFLCGCC (04/09) *CPHFLDB (12/03) *CPHFLMC3 (01/03) *“CPHFLOH (04/09) *“FRPC-16 (09/95) *“FRPC-24 (07/97) BY Continued on Forms Schedule ADDITIONAL INTERESTS Zz. MORTGAGEE 505250878 FLAGSTAR BANK P.O. BOX 52198 ISAOA PHOENIX AZ 85072 CPH FL DEC 09/02 FULL ELECTRONIC COPY HOMEOWNERS DECLARATION CAPITOL Preferred Insurance Company, Inc. POLICY NUMBER _ CPH 2138110 00 55 eee 04/15/2020 04/15/2021 12:01 AWM. Standard Time atthe described locaton For Customer Service Call 1-800-734-4749 For Claims Call 1-888-388-2742 _ NEW DECLARATION Effective: 04/15/2020 Date Issued: oar 0/2020 INSURED: AGENT: 0700693 ALBERTO A MOSCOSO FLORIDA INSURANCE CENTRAL Lic 418 SEA WILLOW DR ROBERTO DELGADO KISSIMMEE FL 34743 1954 N JOHN YOUNG PKWYVD KISSIMMEE, FL 34741 Telephone: 305-726-5285 Telephone: 407-308-2810 The residence premises covered by this policy is located at the above insured address unless otherwise stated below: 418 SEA WILLOW DR KISSIMMEE FL 34743 All other perils deductible: $ 2,500.00 Hurricane Deductible: § 5,362.00 SECTION I, SECTION II AND OPTIONAL PREMIUMS $ 1,355.00 EMERGENCY MANAGEMENT TRUST FUND SURCHARGE 2.00 MGA POLICY FEE $ 25.00 TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES $ 1,382.00 Note: The portion of your premium for Hurricane Coverage is: $ 411.00 FORM TYPE HO-3 YEAR BUILT 1989 TOWN/ROW HOUSE, CONSTRUCT TYPE CONSTRUCT SUPERIOR NUMBER OF FAMILIES TERRITORY $11 PROTECTION CLASS o1 PRIOR DEC S/C USE CODE HOME UPDATED MUNICIPAL CODE 999 COUNTY CODE 049 PROT DEVICE/BURGLAR PROT DEVICE/FIRE PROT DEV/SPRINKLER EXCLUDE CONTENTS: WIND/HAIL EXCLUSION REPLACEMENT COST OCCUPANCY CODE OWNER A premium adjustment of $0.00 is included to reflect the building code grade for your area. Adjustments range from a4.8% surcharge to a 46.1% credit. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. CPH FL DEC 09/02 FULL ELECTRONIC COPY | Policy Number i polley Period i CPH 2138110 00 55 04/15/2020 04/15/2021 12:01 A.M, Standard Time at the described locati TOTAL WIND MITIGATION CREDITS. ROOF COVER FBC EQUIVALENT ROOF DECK 8d @ 6/6 ROOF SHAPE OTHER ROOF SHAPE - GABLE/FLAT ROOF WALL CLIPS OPEN PROTECTION NONE SWR NO SWR TERRAIN TERRAIN B 2% DED FBC WIND SPEED MPH 100 WIND SPEED OF DESIGN =>100 INTERNAL PRESSURE ENCLOSED WBDR NO WBDR FORMS SCHEDULE (continued from page 1) *HO 0355 (01/06) HO-0109 (12/12) *HO-0496 (10/00) * OIRB11655 (02/10) * OIRB11670 (01/06) *PIC 08 (02/98) PIC 09 (02/98) *PIC-13 (08/97) YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. 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. CPIC FL FS 09/02 FULL ELECTRONIC COPY Hi i in ss u | a CAPIT Preferred Insurance Company, Inc. O PO Box 15339 Tallahassee, Florida 32317-5339 Questions? Call 1-800-734-4749 Claims? Call 1-888-388-2742 HOMEOWNERS This Policy Jacket with the Policy Form Declarations Page and Endorsements, if any, issued to form a part thereof, completes the policy as numbered on the Declarations Page. CPH FL PJ 0702 POLICY PROVISION: All premiums for this insurance shall be computed in accordance with Capitol Preferred Insurance Company's rules, forms, rating plans, premiums and minimum premiums applicable to the insurance afforded herein which are in effect the inception of the insurance and, except with respect to insurance premiums guaranteed for a period no longer than one year, upon each anniversary thereof, including the date of interim changes. IN WITNESS WHEREOF, the insurer on the reverse hereof has caused this instrument to be signed by its President. po on James President Graganella Capitol Preferred Insurance Company, Inc. CAPITOL Preferred Insurance Company, Inc. Dear Insured: Welcome to Capitol Preferred Insurance Company. We are delighted to have you as our customer. Capitol Preferred is a Florida company located in Tallahassee, Florida. Please review the following points regarding your policy: 1. This policy does not provide flood coverage. You must purchase your flood insurance separately from this policy. It is important to make sure that your home is properly protected with this important coverage. 2. We can replace your house and belongings, but we cannot replace you. Please make sure that your home is secured with deadbolt locks and smoke detectors. 3. Your Declaration Page is attached. This lists all the forms and endorsements that are a part of your policy. Copies of the forms and endorsements are included in the policy booklet. Only the forms listed on the Declaration Page are applicable to your policy. We pledge to you that, under ordinary circumstances, should you report a claim, you will be contacted within 24 hours by one of our adjusters. It is our company policy that all claims are paid promptly and fairly under the terms of the policy. Our goal is your satisfaction. There are two toll free numbers provided to assist you. For policy information and questions, please call 1-800-734-4749. To reach the claims department, please call 1-888-388-2742. Please keep these numbers for future use. Thank you for providing us the opportunity to meet your homeowner insurance needs. Sincerely, po oe James Graganella President CPH FL NB WL 04 09 Page 1 of 1 PRIVACY POLICY AND NOTICE OF INFORMATION PRACTICES Capitol Preferred Insurance Company Inc. Preferred Managing Agency Inc. To Our Valued Customers: We understand our obligation to keep your information secure and confidential. The information we use in evaluating your application and servicing your policy comes to us primarily from you. Ad- ditionally, we may also collect information about you from third parties, including but not limited to state motor ve- hicle departments, consumer-reporting agencies and other persons proposed for coverage under your policy. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. In some cases this may mean information that can be disclosed to third parties without your authorization; however, we maintain physical, electronic and procedural safeguards that comply with state and federal regulations to guard your nonpublic personal information. Information about you is only given to those of our employees who need it in order to provide you with products, benefits, services including, but not limited to billing, underwriting, marketing and claims processing. Important Notic In compliance with the requirements of the Fair Credit Reporting Act (Public Law 91-508), Capitol Preferred Insurance Company advises that as part of our routine procedure for reviewing applications for certain types of insurance or renewals of certain policies, we may procure a consumer report including information as to the consumer's character, general reputation, personal characteristics or mode of living. If such insurance is for an individual and is primarily for personal, family, or household purposes, such information may be obtained through personal interviews with neighbors, friends or others with whom the consumer is acquainted. Upon request to our company, we will provide in writing a complete and accurate disclosure of the nature and scope of the consumer report requested or advise that no investigation was conducted. To help you with your overall insurance program, your agent or broker may use customer information for marketing purposes. We may also use customer information to communicate with you about products, features, and options you have expressed an interest in or that we believe may be of interest to you. To transact business on your behalf, we may find it necessary to provide customer information, without authorization but only as permitted or required by law, to persons or organizations both inside and outside of Capitol Preferred Insurance Company. These include, for example: our affiliated companies (Preferred Managing Agency) , companies that perform marketing services on our behalf, or other financial institutions with which we have a joint marketing agreement for the sale of our products, and your agent or broker. You have the right to obtain access to certain information and the right to request correction of information you feel inaccurate. Addi nally, you have the right to request that we not provide your information to organizations outside of Capitol Preferred and its affiliates. To do so, please send a written request to: Capitol Preferred Insurance Company Attn. Policyholder Information Section P.O. Box 15409, Tallahassee, Florida 32308. We value you as our customer and take your privacy very seriously. We will inform you of our privacy and information practices each year that you are a Capitol Preferred customer. CPI FL PN 0702 CAPITOL Preferred Insurance Company, Inc. AN OUTLINE OF YOUR HOMEOWNERS POLICY The following outline of coverage is for informational purposes only. It is the express intent of Florida Statute 627.4143, that this outline shall not be construed to modify any of the provisions of the legal insurance contract which is the subject of this outline. READ YOUR HOMEOWNERS INSURANCE POLICY CAREFULLY. Policies of this category are designed to provide coverage for the following: your home; other structures on your premises; your personal belongings; loss of use of your home; personal liability; and medical payments to others. POLICY COVERAGES Please refer to your policy Declarations for limits applicable to each policy coverage, the deductible which applies to property losses, and the policy premium. The following is a brief) description of each of the principal coverage features. SECTION I - Property Coverage Coverage A - Covers your dwelling, including structures attached. Coverage A applies to real property owned by you. Coverage B - Covers private, non-business structures at your residence, detached from the dwelling, such as a garage, fence, swimming pool or guesthouse. Coverage C - Covers your personal property such as clothes and furniture. Certain special limits apply such as $200 for moncy and $1,000 for theft of jewelry. You should review these in Section I of your policy along with the kinds of property which are not covered, such as motorized vehicles and property of roomers or boarders. Coverage D - Additional Living Expense provides for payments to you if you temporarily cannot continue to live in your residence because of a covered loss to your dwelling. Perils Insured Against Coverages A, B, and your Personal Property under Coverage C, is insured against specifically named perils such as fire, lightning, windstorm, riot, vandalism, theft, ete. CPH FL OH 04 09 Page 1 of 2 CAPITOL Preferred Insurance Company, Inc. PROPERTY EXCLUSIONS The principal exclusions in your property coverage are briefly referred to here: Loss from earth movement (other than catastrophic ground cover collapse), water damage from flood and other surface or wind driven waters, power failure, neglect, war and nuclear hazards. Your policy may also exclude (not cover) the perils of windstorm or hail if your property is located in a high windstorm hazard area, such as, but not limited to, Monroe County and many coastal barrier islands or coastal communities throughout the State of Florida. If your policy excludes the windstorm and hail perils, you may be able to obtain this coverage through the Citizens Property Insurance Corporation and you should ask your Agent about this important protection. SECTION I — LIABILITY COVERAGES Section II of your policy covers you for your legal liability for bodily injury or property damage to others, arising out of your residence or the personal activities of you and your family members away from the residence. Coverage does not apply to liability resulting from your business pursuits, motor vehicles, or certain kinds of watercraft. RENEWAL AND CANCELLATION PROVISIONS You may cancel the policy at any time for any reason. Our rights to cancel or non-renew your policy are limited to those conditions described in your policy. If we intend to cancel or refuse renewal of your policy, we must send you a notice telling the reasons for our action and give you advance notice of the cancellation or non-renewal date. PREMIUM CREDITS Your policy Declarations page will show which of the following credits, if any, apply to your policy. Protective Device - If your home has certain fire alarms or burglar alarms, you are eligible for a premium credit; Superior Construction - Certain homes of fire resistive or wind resistive construction. are cligible for a premium credit; Deductible Credits - Your policy provides a minimum $1,000 deductible. This is the amount you pay for, in loss, before this policy pays. Deductibles greater than $1,000 provide a premium credit. The higher your deductible, the more your premium credit will be. REMEMBER - THIS OUTLINE IS FOR INFORMATIONAL PURPOSES ONLY. READ YOUR POLICY CAREFULLY. YOUR AGENT WILL ASSIST YOU WITH ANY QUESTIONS ABOUT YOUR POLICY. CPH FL OH 04 09 Page 2 of 2 HOMEOWNERS CPH FL H3 08 02 HOMEOWNERS 3 - SPECIAL FORM AGREEMENT 2. "Bodily injury" means bodily harm, sickness We will provide the insurance described in this or disease, including required care, loss of policy in return for the premium and compliance services and death that results. with all applicable provisions of this policy. "Business" includes trade, profession or oc- cupation engaged in part time or full time DEFINITIONS for payment, whether or not the insured is A In this policy, "you" and "your" refer to the making a profit at the time of the loss. “named insured" shown in the Declarations and "Employee" means an employee of an "in- the spouse if a resident of the same household. sured", or an employee leased to an "in- "We", "us" and "our" refer to the Company sured" by a labor leasing firm under an providing this insurance. agreement between an "insured" and the In addition, certain words and phrases are de- labor leasing firm, whose duties are other fined as follows: than those performed by a “residence em- ployee". 1 “Aircraft Liability", "Hovercraft Liability’, "Motor Vehicle Liability” and "Watercraft "Insured" means: Liability", subject to the provisions in b. a. You and residents of your household below, mean the following: who are: a Liability for "bodily injury" or "property (1) Your relatives; or damage" arising out of the: (2) Other persons under the age of 21 (1) Ownership of such vehicle or craft and in the care of any person by an "insured"; named above; (2) Maintenance, occupancy, operation, b. Children who are under 18 years old and use, loading or unloading of such have divorced parents who share cus- vehicle or craft by any person; tody are covered only when in the care, (3) Entrustment of such vehicle or craft custody or control of the "named in- by an "insured" to any person; sured”. A student enrolled in school full time, (4) Failure to supervise or negligent as defined by the school, who was a supervision of any person involving such vehicle or craft by an "“in- resident of your household before mov- sured"; or ing out to attend school, provided the student is under the age of: (5) Vicarious liability, whether or not imposed by law, for the actions of a (1) 24 and your relative; or child or minor involving such vehicle (2) 21 and in your care or the care of a or craft. person described in a. (1} above; or For the purpose of this definition: Under Section II: (1) Aircraft means any contrivance (1) With respect to animals or water- used or designed for flight except craft to which this policy applies, model or hobby aircraft not used or any person or organization legally designed to carry people or cargo; responsible for these animals or watercraft which are owned by you (2) Hovercraft means a self-propelled or any person included in a. or b. motorized ground effect vehicle and includes, but is not limited to, flare- above. "Insured" does not mean a craft and air cushion vehicles; person or organization using or hav- ing custody of these animals or (3) Watercraft means a craft principally watercraft in the course of any designed to be propelled on or in "business" or without consent of water by wind, engine power or the owner; or electric motor; and (4) Motor vehicle means a "motor ve- (2) With respect to a "motor vehicle" to which this policy applies: hicle" as defined in 7. below. (a) Persons while engaged in your employ or that of any person in- cluded in a. or b. above; or CPH FL H3 08 02 Contains Copyrighted material from Insurance Services Office, Inc. Page 1 of 22 (b) Other persons using the vehicle An employee of an "insured", or an em- on an “insured location" with ployee leased to an "insured" by a labor your consent. leasing firm, under an agreement be- Under both Sections | and Il, when the tween an “insured” and the labor word an immediately precedes the word leasing firm, whose duties are related to "insured", the words an "insured" together the maintenance or use of the "resi- mean one or more "insureds". dence premises", including household "Insured location" means: or domestic services; or a. The "residence premises"; One who performs similar duties else- b, The part of other premises, other struc- where not related to the "business" of tures and grounds used by you as a an "insured". residence; and A “residence employee" does not include a (1) Which is shown in the Declarations; temporary employee who is furnished to an or "insured" to substitute for a permanent "residence employee" on leave or to meet (2) Which is acquired by you during the seasonal or short-term workload conditions. policy period for your use as a resi- dence; 11 “Residence premises" means: Any premises used by you in connec- a. The one family dwelling where you re- tion with a premises described in a. and side; b. above; b. The two family dwelling where you re- Any part of a premises: side in at least one of the family units; or (1) Not owned by an "insured"; and c. That part of any other building where (2) Where an "insured" is temporarily you reside; residing; and which is shown as the “residence Vacant land, other than farm land, premises" in the Declarations. owned by or rented to an "insured"; "Residence premises" also includes other Land owned by or rented to an "in- structures and grounds at that location. sured" on which a one, two, three or four family dwelling is being built as a 12. "Resident" means a person who has been staying at the insured premises for 7 or residence for an "insured' : more days or more than half of the 60 days Individual or family cemetery plots or before any event which might be subject to burial vaults of an "insured"; or this policy. Any part of a premises occasionally 13. "Arising out of" or "arises out of" to mean rented to an “insured” for other than that any and all claims based on the "business" use. identified conduct or occurrence, no matter "Motor vehicle” means: how a legal claim or cause of action is de- a. A self-propelled land or amphibious ve- fined, described, presented or alleged, and hicle; or no matter whom it is alleged against, is b. Any trailer or semitrailer which is being considered to be part of any exclusion, carried on, towed by or hitched for coverage or definition using those terms, towing by a vehicle described in a. regardless of whether an insured committed above. the act itself or is alleged to be negligent in "Occurrence" means an accident, including any way. continuous or repeated exposure to sub- 14 "Criminal Act" to mean any action or in- stantially the same general harmful con- stance of negligence that is deemed in- ditions, which results, during the policy pe- jurous to the public welfare or morals and is riod, in: legally prohibited as a written or positive a "Bodily injury"; or rule or collection of rules prescribed under b, “Property damage". the authority of the state or nation. "Property damage" means physical injury 15. "Hidden" means something that a rea- to, destruction of, or loss of use of tangible sonable person would not be aware of be- property. cause it is out of sight or not readily ap- 10 “Residence employee" means: parent. CPH FL H3 08 02 Contains Copyrighted material from Insurance Services Office, Inc. Page 2 of 22 DEDUCTIBLE C. Coverage C - Personal Property Unless otherwise noted in this policy, the following 1 Covered Property deductible provision applies: We cover personal property owned or used Subject to the policy limits that apply, we will pay by an "insured" while it is anywhere in the only that part of the total of all loss payable under world. After a loss and at your request, we Section I that exceeds the deductible amount will cover personal property owned by: shown in the Declarations. a Others while the property is on the part of the "residence premises" occupied SECTION | - PROPERTY COVERAGES by an "insured"; or A. Coverage A - Dwelling A guest or a "residence employee", 1. We cover: while the property is in any residence a The dwelling on the "residence prem- occupied by an "insured". ises" shown in the Declarations, in- Limit For Property At Other Residences cluding structures attached to the Our limit of liability for personal property ttt usually located at an "insured's" residence, dwelling; and Materials and supplies located on or other than the “residence premises", is next to the “residence premises" used 0% of the limit of liability for Coverage C, to construct, alter or repair the dwelling or $1,000, whichever is greater. However, or other structures on the “residence this limitation does not apply to personal premises". property: 2. We do not cover land, including land on a. Moved from the “residence premises" which the dwelling is located. because it is being repaired, renovated B. Coverage B - Other Structures or rebuilt and is not fit to live in or store property in; or 1 We cover other structures on the "resi- dence premises" set apart from the dwell- In a newly acquired principal residence ing by clear space. This includes structures for 30 days from the time you begin to connected to the dwelling by only a fence, move the property there. utility line, or similar connection. Special Limits Of Liability We do not cover: The special limit for each category shown a. Land, including land on which the other below is the total limit for each loss for all structures are located; property in that category. These special limits do not increase the