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Filing # 182024681 E-Filed 09/18/2023 12:35:22 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23003604CA
PENNY DAVIDSON,
PLAINTIFF,
Vv.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY,
INC.,
DEFENDANT.
/
COMPLAINT
COMES NOW, Plaintiff, PENNY DAVIDSON (“Plaintiff”), by and through undersigned
counsel, hereby sues Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, INC. (“Defendant’’), and in support thereof alleges:
JURISDICTION AND VENUE
1 This is an action for at least Fifty Thousand and One Dollars ($50,001.00),
exclusive of attorney fees, costs, and interest.
2 At all times material hereto, Plaintiff was and/or were the owner(s) of the property
located at 371 Blarney St., Port Charlotte, FL 33954 (the “Property”) and is otherwise sui juris.
3 At all times material hereto, Defendant was and is a corporation duly licensed to
transact business in the State of Florida and maintained agents for the transaction of its
customary business throughout the State of Florida, including Charlotte County, Florida.
4 Venue is proper in Charlotte County, Florida because the contract which forms
the subject matter of this lawsuit was executed in Charlotte County, Florida.
Page 2 of 4
THE STATEMENT OF THE FACTS
5 The “Property” suffered property damage as a result of Hurricane Ian on or
around September 28, 2022 (the “Loss”).
6. Defendant acknowledged the Loss with the claim number believed to be 928383.
7 When the Loss occurred, the Property was owned by Penny Davidson.
8 When the Loss occurred, there was in full force and effect a homeowners
insurance policy issued by Defendant (the “Policy”), associated with policy number HCPC-H03-
385308-10, wherein Defendant agreed to make payment in the event of a covered loss, risk
and/or peril, in consideration for a premium paid by Plaintiff. Policy attached as Exhibit “A.”
9. When the Loss occurred, and at the commencement of the policy period for the
Policy, Plaintiff had an insurable interest in the Property.
10. Defendant only paid $12,878.07 to Plaintiff.
11. There is coverage under the Policy for the Loss.
12. Defendant was required to make payment because the Loss occurred.
COUNT I- BREACH OF CONTRACT
13. Plaintiff incorporates in this cause of action every allegation contained in
paragraphs 1-12, as though fully set forth herein.
14. This cause of action is being brought as an alternative theory of law to the cause
of action set forth in Count II.
15. Defendant has breached the terms and conditions of the Policy by refusing to pay
and/or fully pay what is owed under the Policy in relation to the Loss.
16. Defendant’s conduct has caused Plaintiff to retain the services of the undersigned
counsel.
17. Plaintiff is entitled to attorney fees and costs.
Page 3 of 4
WHEREFORE, Plaintiff respectfully requests that the Court award Plaintiff: (1) its
damages, (2) reasonable attorney’s fees and costs, (3) pre-judgment and post-judgment interest,
and (4) any further relief deemed just and proper by the Court.
COUNT Il - DECLARATORY ACTION
18. Plaintiff incorporates in this cause of action every allegation contained in
paragraphs 1-12, as though fully set forth herein.
19, This cause of action is being brought as an alternative theory of law to the claim
set forth in Count I.
20. Although Plaintiff believes the subject claim is covered under the Policy, Plaintiff
is uncertain and in doubt as to the existence or non-existence of its right to payment under the
Policy, as well as the extent of its right to payment, and has an actual, practical and present need
for a declaration from the Court regarding the existence and extent of Plaintiff's right to payment
under the Policy.
21. Plaintiff is seeking a declaration from the Court regarding the existence or
nonexistence of its right to payment under the Policy, regarding the extent of its right to payment
under the Policy, and/or regarding any fact upon which the existence or nonexistence of its right
to payment under the Policy depends, in conformity with the holding of the Supreme Court of
Florida in Higgins v. State Farm Ins. Co., 894 So. 2d 5 (Fla. 2004).
22. There is an actual, bona-fide controversy between Plaintiff and Defendant which
requires judicial interpretation of the Policy to determine the existence and extent of Plaintiffs
right to payment under the Policy as a result of the subject claim.
23. The purpose of this declaratory action is to obtain a judicial interpretation of the
Policy, as it relates to the facts involved herein, determining the existence and extent of
Plaintiff's right to payment under the Policy. Without a declaration from the court regarding the
Page 4 of 4
existence and extent of Plaintiff's right to payment under the Policy, Plaintiff is unable to obtain
payment in accordance with the Policy.
24. Plaintiff is not seeking mere legal advice from the Court, nor is Plaintiff seeking
an answer to questions propounded by mere curiosity.
25. Defendant’s conduct has caused Plaintiff to retain the services of the undersigned
counsel.
26. Plaintiff is entitled to attorney fees and costs.
WHEREFORE, Plaintiff respectfully requests that the Court issue a declaratory judgment
establishing the existence and extent of Plaintiffs right to payment, and awarding Plaintiff
reasonable attorney’s fees and costs, and any further relief deemed just and proper by the Court.
DEMAND is hereby made for trial by jury of all issues so triable, as a matter of right.
DATED this September 18, 2023.
Respectfully Submitted,
By: /s/ Michael Katz
Mordechai L. Breier, Esq.
Florida Bar No.: 0088186
Michael Katz, Esq.
Florida Bar No.: 1024707
CONSUMER LAW OFFICE, P.A.
16801 NE 6th Ave.
North Miami Beach, FL 33162
Phone: (305) 940-0924 | Fax: (305) 602-8204
E-service: service@consumerlawoffice.com
Email: mkatz@consumerlawoffice.com
EXHIBIT “A”
Home
Hi OMEOWNERS CHOICE
Property & CASUALTY Policy Number: HCPC-HO3-385308-10
InsurANCcE Company, INC.
PO Box 23177, Tampa, FL 33623
PENNY DAVIDSON
371 BLARNEY ST
PORT CHARLOTTE, FL 33954
PAYMENT INVOICE ENCLOSED - - PLEASE REVIEW BACK PAGE
or
Homeowners Choice
Property & Casualty Insurance Company, Inc.~
Policy Number: HCPC-HO3-385308-10
PENNY DAVIDSON
371 BLARNEY ST
PORT CHARLOTTE, FL 33954
Dear Policyholder:
Thank you for allowing Homeowners Choice Property & Casualty Insurance Company, Inc., to
assist you with your insurance needs. Your policy and other important documents are enclosed.
If your insurance premium is not held in escrow through your mortgage company, your invoice
can be found on the back page of this packet. Our privacy policy is on the reverse side of this
letter. Please read each document carefully.
Homeowners Choice is a Florida-based insurance company which provides property and casualty
insurance to Florida property owners. We have been awarded a Financial Stability Rating of “A”
(Exceptional) by Demotech, Inc., a leading actuarial and financial analysis firm. We invite you to
learn more about Homeowners Choice by visiting our web site at www.hcpci.com.
Your insurance agent should be your front-line policy advisor. If you have specific coverage
questions regarding your policy, please contact your agent. For questions about Homeowners
Choice, please call our customer service department at (888) 210-5235.
We know you have choices when selecting homeowners insurance. We value the trust you have
placed in us and look forward to remaining your insurance company of choice.
Respectfully,
HCPCI Marketing Department
Enclosures
CL7.15
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE CO., INC.
P.O. BOX 23177 * TAMPA, FL 33623
PHONE: 888-210-5235 * FAX: 813-865-0170
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
PRIVACY POLICY
Your Privac y is Our Concern
Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates strive to provide high quality insurance products and excellent
customer service. In doing so, we will obtain and develop personal information about you and your family. We consider this information confidential
and have procedures in place to protect this information against unlawful use and disclosure. This Privacy Policy describes how we obtain and use
information about you, and how we protect that information. It applies both to current and former policyholders.
Our Basic Privacy Principles
We do not sell policyholder information,
We do not disclose policyholder information except as necessary or appropriate to provide insurance products and services, and as otherwise
allowed or required by law.
When we share policyholder information with nonaffiliated vendors and service providers, we contractually require them to maintain
confidentiality and to use the information solely for the purposes for which we provide the information.
We maintain procedural, technical and physical safeguards to protect policyholder information.
Sources of Personal Information
We may obtain personal information about you from several sources. We obtain most of our information directly from you or through your agent, on
insurance applications and forms you submit and other interactions you have with us. We also will learn information about you from servicing your
policy. We might also receive information from outside vendors that furnish us with information relating to your eligibility for insurance, your existing
or prospective policy, and your claims. These vendors may include consumer reporting agencies, home inspection companies, statistical or reporting
bureaus in addition to other sources.
If you visit an Internet website that we maintain, we might obtain information about you that will enable us to identify you as a user, including your
name, a user name, a password, and password reminders. We also might obtain information about your web browser, operating system and similar
information to improve the performance and operation of our site.
Our Use of Your Personal Information
We will not sell your personal information to anyone, except to someone purchasing all or a portion of our business. We do not share any of the personal
information we collect except among members of our corporate group (i.e. affiliates), non-affiliated vendors and service providers, joint marketers,
agents and as permitted or required by law.
Typically we share information only to the extent necessary or appropriate to offer and provide our insurance products and services to you and to
improve our products and services, as well as to effect, admi ster or enforce transactions that you request. For example, we might provide information
about you and your policy to a company that prints and mails our insurance policies or to a company that adjusts any claims you may have. We might
also share any personal information we collect with companies that perform marketing services on our behalf and other financial institutions with
which we have joint marketing agreements. We might share information with your insurance agent.
When we share policyholder information with nonaffiliated parties, we contractually require them to maintain confidentiality and to use the
information solely for purposes for which we provide the information.
We also are permitted or required to share information with certain other parties listed in federal law and state rules, such as insurance advisory
organizations, rating agencies, regulatory authorities, consumer reporting agencies and attorneys and accountants.
How We Protect Your Personal Information
We maintain physical, electronic, and procedural safeguards to ensure the confidentiality of the personal information we obtain about you. We restrict
access to your personal information to those employees who need to know that information to provide services to you.
Affiliates
This notice describes the practices and procedures of Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates, HCI
Group, Inc., Homeowners Choice Managers, Inc., Southern Administration, Inc., and Claddaugh Casualty Insurance Company Ltd.
This summary of our practices is furnished for your information. No action is required by you upon receipt of this notice.
If you have any questions, you may contact us at:
Homeowners Choice Property & Casualty Insurance Company, Inc.
3802 Coconut Palm Drive, Tampa, FL 33619
Attention: General Counsel
Toll free (888) 210-5235
(08 21)
e
Homeowners Choice
Property & Casualty Insurance Company, Ine.
NOTICE OF CHANGE IN POLICY TERMS
We are sending you this notice to inform you about important changes to your policy.
The descriptions in this notice are intended to be for informational purposes only. Please review your
policy and endorsement language carefully. In the event of a conflict, the language in your policy and
its endorsements will be controlling.
. “Personal injury” has been defined.
. Property Not Covered has been expanded to include drones and water or steam.
Collapse under Section I - Property Coverages — Additional Coverages has been clarified. Coverage
does not apply to collapse of plumbing due to age, deterioration or maintenance.
Section I - Perils Insured Against has been updated to further describe “collapse” and accidental
discharge of water or steam. Coverage has been clarified to explain the cost for the tear out and
repair is limited to only that part necessary to provide access to the part of the system or appliance
that caused the covered loss.
Section I - Exclusions — Constant or repeated seepage has been clarified.
Section II - Exclusions — Personal Liability and Medical Payments. Drones are now included under
aircraft. “Personal injury” has also been added.
Section I & II - Conditions — Cancellation and nonrenewal provisions have been updated clarifying
when policies can be cancelled or nonrenewed.
REASONABLE EMERGENCY MEASURES and LOSS REPORTING:
Section I - Property Coverages — Reasonable Repairs has been updated to “Reasonable Emergency Measures”.
Necessary measures taken solely to protect covered property from further damage may not exceed the greater of
$3,000 or 1% of the Coverage A limit unless approval is received in advance from Homeowners Choice.
Section I - Conditions — Duties After Loss has been updated regarding coverage for permanent repairs. Except for
Reasonable Emergency Measures, there is no coverage for repairs that begin before the earlier of:
1) 72 hours after Homeowners Choice is notified of the loss;
2) The time of loss inspection by Homeowners Choice; or
3) The time of other approval by Homeowners Choice.
To the degree reasonably possible, damaged property must be retained for us to inspect. If failure to comply with
Duties is prejudicial to us, we have no duty to provide coverage.
Changes to your policy which have been mandated by the Florida Legislature or which correct prior
typographical errors are not included in this notice. Please read your policy, declaration pages and related
documents for complete descriptions and details.
Please contact your agent if you have any questions about these policy-related changes. You may, of
course, call us directly at (888) 210-5235.
Thank you for being a valued customer. We appreciate your business!
HC NOC 04 16 (HO3 02 17) Page 1 of 1
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Co
Homeowners Choice
Property & Casualty Insurance Company, Inc.
Homeowners 3
Policy
3802 Coconut Palm Dr.
Tampa, FL 33619
For Customer Service or to Report a Claim,
Please Call (888) 210-5235
HC HO3J 10 21 Page 1 of 2
KREKKRREEERERERERERERER I M PO RTANT N OTICE RREKKERERERERERERERERERER
This policy is issued on behalf of Homeowners Choice Property & Casualty Insurance Company, Inc. (the Company) and
by acceptance of this policy, you agree that:
1 The statements in the application are your representations;
2. This policy is issued in reliance upon the truth of those representations; and
3. This policy embodies all agreements existing between you and Homeowners Choice Property & Casualty
Insurance Company, Inc., or any of our Producers relating to this policy.
IN WITNESS WHERE OF: In consideration of your paid premium, the Company has caused this policy to be executed and
attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company.
KLIS,
Kenneth Starling, CPCU, Vice President - Underwriting
Homeowners Choice Property & Casualty Insurance Company, Inc.
Page 2 of 2 HC HO3J 10 21
For policy questions, contact your agent at: (941) 464-7992
Homeowners Choice For Claims please call: (866) 324-3138
Property & Casualty Insurance Company, Inc. For Customer Service please call: (888) 210-5235
Homeowners Choice Property & Casualty Insurance Company, Inc.
Homeowners HO3 Policy Declarations - Renewal
Named Insured and Location of Residence Premises:
Mailing Address:
Policy Number: HCPC-HO3-385308-10
PENNY DAVIDSON 371 BLARNEY ST
371 BLARNEY ST PORT CHARLOTTE, FL 33954 Renewal
PORT CHARLOTTE, FL 33954 Policy Effective Date: Mar 30, 2022 12:01AM
Policy Expiration Date: Mar 30, 2023 12:01AM
County: CHARLOTTE
COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE
Coverages Limit of Liability Annual Premium Forms, Notices and Endorsements:
Section | HC HO3J 10 21 HO 04 96 04 91
A. Dwelling $326,000 $4,001 OIR-B1-1670 (1-1-06)
HC OC HO3 08 16
B. Other Structures $6,520 Included OIR-B1-1655 (Rev. 02/10)
C. Personal Property $99,430 (815) HC WL 05 13
Included HC 09 DN 12 13
D. Loss of Use $32,600
HC HO OL 12 17
Section Il HC HO3 TOC 01 20
E. Personal Liability $300,000 $18 HC HO3 01 20
HC CGCC HO3 03 13
F. Medical Payments $2,000 Included
HC 24 07 08
Endorsement Premium Total (See Details, P.2) $0 Rating Information:
Credits and Charges: Territory: 711
BCEG: 99
Coverage A Increased due to an Inflation Factor Fire Alarm: No.
Building Code Effectiveness Grading Adjustment Burglar Alarm: No
Windstorm Mitigation Credit Sprinkler:
Modified Deductibles Adjustment Construction:
Year Built: 1990
Protection Class:
Wind Mitigation Factor: 410 (12505)
Underwriting Surcharges (See Details, P.2) $619 Deductible Section | In case of a loss, we cover only that part of
Total Annual Policy Premium $4,623 the loss over the deductible stated unless
Policy Fees (See Details, P.2) $59 otherwise stated in policy:
Endorsement Fees (See Details, P.2) $0.
Total Policy Charges $4,682 No Sinkhole Coverage
$2,500 All Other Perils Deductible
Premium Change Due to Rate Change $516
Premium Change Due to Coverage Change $ 334 2% ($6,520) Hurricane Deductible
Fee Change from Prior Term $32 (Hurricane and Sinkhole Deductibles are a percentage of Coverage A)
The Hurricane portion of the Premium is: $2,459 The Non-Hurricane portion of the Premium is: $2,164
Arate adjustment of $ 0 is included to reflect the Building Code Effectiveness Grade for your area. Adjustments range from approximately a
9% surcharge to a 13.2% credit.
Please see Page 2 for important notices that apply to this policy.
‘Agent: DARLENE M ANTINORI - Other: Bill To: Policyholder
GREAT FLORIDA INS - PUNTA GORDA Hist Lien - JP MORGAN CHASE BANK, NA, ISAOA/ATIMA, PO BOX 1156
24630 SANDHILL BLVD #305 SPRINGFIELD, OH 45501 Loan # 4022124824
PUNTA GORDA, FL 33983
Phone: (941) 464-7992
‘Authorized Countersignature: Apr 26, 2023 12:37PM
ILLS
HC HO3 DEC 10 21 Page 1 of 2
Policy Number: HCPC-HO3-385308-10
Endorsement Premium Details Limit of Liability Annual Premium
Personal Property Replacement Coverage Not Included
Mold Coverage Property $10,000 Included
Mold Coverage Liability $50,000 Included
Permitted Incidental Occupancy Not Included
Loss Assessment Coverage $1,000 Included
Ordinance or Law Coverage 25% of Coverage A Included
Endorsement Premium Total $0
Underwriting Surcharges Details
No Prior Insurance or Dec Page Adjustment $0
Seasonal or Unoccupied Surcharge $0
Age of Home Adjustment $619
Rate Equalization Credit $0
Voluntary Writing Credit $0
Discount Capping Adjustment $0
Underwriting Surcharges Total $619
Policy Fee Details
Managing General Agency Fee $25
Emergency Management Preparedness and Assistance Trust Fund Fee $2
2022-01 Florida Insurance Guaranty Association (FIGA) Assessment Surcharge $32
Policy Fee Total $59
Recent Changes and Endorsements: Date Effective Premium Change
Endorsement Total $0
NOTICES
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE
LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU
MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE
OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES
NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF
HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED
LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE
SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT.
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.
Page 2 of 2 HC HO3 DEC 10 21
Checklist of Coverage
Policy Type: Homeowners (HO3)
The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of
the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions,
limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent
separately.
Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and
limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a
claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool
enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may
arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor,
wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A
clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement.
Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the
provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent
or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at
(800) 342-2762 or www.fldfs.com.
This form was adopted by the Florida Financial Services Commission.
Dwelling Structure Coverage (Place of Residence)
Limit of Insurance: $326,000 Loss Settlement Basis: Replacement Cost
Other Structure Coverage (Detached from Dwelling)
Limit of Insurance: $6,520 Loss Settlement Basis: Replacement Cost
Personal Property Coverage
Limit of Insurance: $99,430 Loss Settlement Basis: Actual Cash Value
Deductibles
Annual Hurricane: $6520 All Perils (Other Than Hurricane): $2,500
OIR-B1-1670 (1-1-06) Page 1 of 4
Checklist of Coverage (continued)
The above Limit of Insurance, deductibles, and Loss Settlement Basis apply to the following perils insured against:
(Items marked below Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Fire or Lightning
Hurricane
Flood (Including storm surge)
Windstorm or Hail (other than hurricane)
Explosion
Riot or Civil Commotion
Aircraft
Vehicles
Smoke
Vandalism or Malicious Mischief
Theft
Falling Objects
Weight of Ice, Snow or Sleet
Accidental Discharge or Overflow of Water or Steam
Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging
Freezing
Sudden and Accidental Damage from Artificially Generated Electrical Current
Volcanic Eruption
Sinkhole
Any Other Peril Not Specifically Excluded (dwelling and other structures only)
Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
Loss of Use Coverage
Coverage Limit of Insurance Time Limit
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
Y_ | Additional Living Expense 24 Consecutive Months
y_ | Fair Rental Value $32,600 24 Consecutive Months
y_| Civil Authority Prohibits Use 2 Weeks
Property - Additional / Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit
included)
Included Additional
Y Debris Removal See Policy Y
Y Reasonable Repairs See Policy Y
Y Property Removed See Policy Y
Credit Card, Electronic Fund Transfer Card, or $500
Access Device, Forgery and Counterfeit Money
Loss Assessment $1,000
Collapse See Policy
Glass or Safety Glazing Material See Policy
Landlord's Furnishings See Policy
Law and Ordinance $81,500
Grave Markers
Mold / Fungi $10,000
OIR-B1-1670 (1-1-06) Page 2 of 4
Checklist of Coverage (continued)
Discounts
(Items below marked Y (Yes) indicate discount IS applied, those marked Dollar ($) Amount of Discount
N (No) indicate discount is NOT applied)
N_ | Multiple Policy
N_ | Fire Alarm / Smoke Alarm / Burglar Alarm Included in Base Premium
‘Sprinkler
Y Windstorm Loss Reduction Included in Base Premium
Building Code Effectiveness Grading Schedule Included in Base Premium
Other Included in Base Premium
Insurer May Insert Any Other Property Coverage Below
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis:
included, those marked N (No) indicate coverage is NOT (ie. Replacement Cost, Actual Cash Value,
included) Stated Value, etc.)
Personal Liability Coverage
Limit of Insurance: $300,000
Medical Payments to Other Coverage
Limit of Insurance: $2,000
Liability - Additional / Other Coverages
(Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of
included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit
included)
Included Additional
Y Claim Expenses See Policy Y
Y First aid Expenses See Policy Y
Y Damage to Property of Others $500 Y
Y Loss Assessment $1,000 Y
Insurer May Insert Any Other Liability Coverage Below
(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance
NOT included)
OIR-B1-1670 (1-1-06) Page 3 of 4
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OIR-B1-1670 (1-1-06) Page 4 of 4
Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners
OUTLINE OF YOUR HOMEOWNERS POLICY
The following outline of coverage is for informational purposes PERILS INSURED AGAINST
only. Florida law prohibits this outline from changing any of Coverage A - Dwelling and Coverage B - Other Structures
the provisions of the insurance contract which is the subject of
This policy insures against risk of direct loss to covered
this outline. Any endorsement regarding changes in types of
property under Coverages A and B, unless not covered or
coverage, exclusions, limitations, reductions, deductibles,
excluded from coverage as described elsewhere in the
coinsurance, renewal provisions, cancellation provisions,
policy.
surcharges, or discounts will be sent separately.
Coverage C - Personal Property
Please read your homeowners policy carefully for
This policy insures against direct physical loss under
complete descriptions and details.
Coverage C except as limited or excluded by your policy,
Contact your agent with any questions about this policy. caused by:
SECTION | - PROPERTY COVERAGE Fire or Lightning
Windstorm or Hail
Coverage A - Dwelling Explosion or Smoke
Protects against covered loss to your dwelling and structures
Riot or Civil Commotion
attached to your dwelling. It also protects against covered
Aircraft or Vehicles
loss to building materials located on your residence premises
which are being used in connection with your residence
Vandalism or Malicious Mischief
premises. Theft (on premises only)
Falling Objects
Coverage B - Other Structures Weight of Ice, Snow or Sleet
Protects against covered loss to structures on your residence
Accidental Discharge or Overflow of Water or Steam
premises not physically attached to the dwelling.
Sudden and Accidental Tearing Apart, Cracking,
Coverage C - Personal Property Burning or Bulging
Protects against covered loss to your personal property such Freezing of Plumbing or Household Appliances
as clothing and furniture. Special limits apply to some types of Sudden and Accidental Damage from Artificially
personal property including but not limited to: money, Generated Electricity
securities, watercraft, and theft of jewelry, firearms and . Volcanic Eruption
silverware. . Catastrophic Ground Cover Collapse
There are some items not covered under Coverage C. Some PROPERTY EXCLUSIONS
examples are animals, food spoilage, motorized vehicles and
property of roomers or boarders and other tenants. Loss by This policy does not provide protection under Coverages A,
B and C for losses resulting in any manner from:
theft while property is located off the residence premises is
not covered. Please review your policy for a complete list of
. Ordinance or Law
items that have special limits or are excluded. . Earth Movement and Settlement, Other than a
Catastrophic Ground Cover Collapse
Coverage D - Loss of Use Sinkhole Activity or Sinkhole Loss
Provides for the additional living expenses you incur while you Neglect or Intentional Loss
are temporarily unable to live at your home because of a War or Nuclear Hazard
covered loss. Payment would include such items as
Theft Away from the Residence Premises
temporary lodging and increased costs for food. Coverage D
Animals
is limited to 24 consecutive months from the date of the
covered loss. Pre-event evacuation expenses are not covered Off Premises Power Failure
under this policy. Inherent Vice, Decay, Defect and Mechanical
Breakdown
ADDITIONAL COVERAGES Flood and Other Water Damage
Included in your homeowners policy, these additional Constant or Repeated Seepage or Leakage of Water or
coverages include limitations and may not completely protect Steam
you against loss. . Settling, Shrinking, Bulging or Expansion
Debris Removal There are other exclusions. Please refer to your policy for
Reasonable Emergency Measures complete details regarding exclusions.
Trees, Shrubs and Other Plants
Fire Department Service Charge
OTHER LIMITATIONS
Property Removed Reasonable Emergency Measures — Necessary measures
Credit Card, Fund Transfer Card, Forgery and taken solely to protect covered property from further damage
Counterfeit Money may not exceed the greater of $3,000 or 1% of the Coverage
Loss Assessment Alimit unless approval is received in advance from us.
Collapse Notice of Claim to Us - Windstorm or Hurricane - Any
Glass or Safety Glazing Material claim, supplemental claim, reopened claim for loss or
Landlord’s Furnishings damage caused by the peril of windstorm or hurricane is
Fungi, Wet or Dry Rot, Yeast or Bacteria barred unless notice of the claim, supplemental claim, or
Ordinance or Law reopened claim is given to us in accordance with the terms
of the policy within three years after the hurricane first makes
landfall or the windstorm caused the covered damage.
Notice of Claim to Us - Sinkhole Loss - Any claim,
including, but not limited to initial, supplemental, and
HC OC HO3 08 16
Preview
Filing # 182024681 E-Filed 09/18/2023 12:35:22 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23003604CA PENNY DAVIDSON, PLAINTIFF, Vv. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., DEFENDANT. / COMPLAINT COMES NOW, Plaintiff, PENNY DAVIDSON (“Plaintiff”), by and through undersigned counsel, hereby sues Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. (“Defendant’’), and in support thereof alleges: JURISDICTION AND VENUE 1 This is an action for at least Fifty Thousand and One Dollars ($50,001.00), exclusive of attorney fees, costs, and interest. 2 At all times material hereto, Plaintiff was and/or were the owner(s) of the property located at 371 Blarney St., Port Charlotte, FL 33954 (the “Property”) and is otherwise sui juris. 3 At all times material hereto, Defendant was and is a corporation duly licensed to transact business in the State of Florida and maintained agents for the transaction of its customary business throughout the State of Florida, including Charlotte County, Florida. 4 Venue is proper in Charlotte County, Florida because the contract which forms the subject matter of this lawsuit was executed in Charlotte County, Florida. Page 2 of 4 THE STATEMENT OF THE FACTS 5 The “Property” suffered property damage as a result of Hurricane Ian on or around September 28, 2022 (the “Loss”). 6. Defendant acknowledged the Loss with the claim number believed to be 928383. 7 When the Loss occurred, the Property was owned by Penny Davidson. 8 When the Loss occurred, there was in full force and effect a homeowners insurance policy issued by Defendant (the “Policy”), associated with policy number HCPC-H03- 385308-10, wherein Defendant agreed to make payment in the event of a covered loss, risk and/or peril, in consideration for a premium paid by Plaintiff. Policy attached as Exhibit “A.” 9. When the Loss occurred, and at the commencement of the policy period for the Policy, Plaintiff had an insurable interest in the Property. 10. Defendant only paid $12,878.07 to Plaintiff. 11. There is coverage under the Policy for the Loss. 12. Defendant was required to make payment because the Loss occurred. COUNT I- BREACH OF CONTRACT 13. Plaintiff incorporates in this cause of action every allegation contained in paragraphs 1-12, as though fully set forth herein. 14. This cause of action is being brought as an alternative theory of law to the cause of action set forth in Count II. 15. Defendant has breached the terms and conditions of the Policy by refusing to pay and/or fully pay what is owed under the Policy in relation to the Loss. 16. Defendant’s conduct has caused Plaintiff to retain the services of the undersigned counsel. 17. Plaintiff is entitled to attorney fees and costs. Page 3 of 4 WHEREFORE, Plaintiff respectfully requests that the Court award Plaintiff: (1) its damages, (2) reasonable attorney’s fees and costs, (3) pre-judgment and post-judgment interest, and (4) any further relief deemed just and proper by the Court. COUNT Il - DECLARATORY ACTION 18. Plaintiff incorporates in this cause of action every allegation contained in paragraphs 1-12, as though fully set forth herein. 19, This cause of action is being brought as an alternative theory of law to the claim set forth in Count I. 20. Although Plaintiff believes the subject claim is covered under the Policy, Plaintiff is uncertain and in doubt as to the existence or non-existence of its right to payment under the Policy, as well as the extent of its right to payment, and has an actual, practical and present need for a declaration from the Court regarding the existence and extent of Plaintiff's right to payment under the Policy. 21. Plaintiff is seeking a declaration from the Court regarding the existence or nonexistence of its right to payment under the Policy, regarding the extent of its right to payment under the Policy, and/or regarding any fact upon which the existence or nonexistence of its right to payment under the Policy depends, in conformity with the holding of the Supreme Court of Florida in Higgins v. State Farm Ins. Co., 894 So. 2d 5 (Fla. 2004). 22. There is an actual, bona-fide controversy between Plaintiff and Defendant which requires judicial interpretation of the Policy to determine the existence and extent of Plaintiffs right to payment under the Policy as a result of the subject claim. 23. The purpose of this declaratory action is to obtain a judicial interpretation of the Policy, as it relates to the facts involved herein, determining the existence and extent of Plaintiff's right to payment under the Policy. Without a declaration from the court regarding the Page 4 of 4 existence and extent of Plaintiff's right to payment under the Policy, Plaintiff is unable to obtain payment in accordance with the Policy. 24. Plaintiff is not seeking mere legal advice from the Court, nor is Plaintiff seeking an answer to questions propounded by mere curiosity. 25. Defendant’s conduct has caused Plaintiff to retain the services of the undersigned counsel. 26. Plaintiff is entitled to attorney fees and costs. WHEREFORE, Plaintiff respectfully requests that the Court issue a declaratory judgment establishing the existence and extent of Plaintiffs right to payment, and awarding Plaintiff reasonable attorney’s fees and costs, and any further relief deemed just and proper by the Court. DEMAND is hereby made for trial by jury of all issues so triable, as a matter of right. DATED this September 18, 2023. Respectfully Submitted, By: /s/ Michael Katz Mordechai L. Breier, Esq. Florida Bar No.: 0088186 Michael Katz, Esq. Florida Bar No.: 1024707 CONSUMER LAW OFFICE, P.A. 16801 NE 6th Ave. North Miami Beach, FL 33162 Phone: (305) 940-0924 | Fax: (305) 602-8204 E-service: service@consumerlawoffice.com Email: mkatz@consumerlawoffice.com EXHIBIT “A” Home Hi OMEOWNERS CHOICE Property & CASUALTY Policy Number: HCPC-HO3-385308-10 InsurANCcE Company, INC. PO Box 23177, Tampa, FL 33623 PENNY DAVIDSON 371 BLARNEY ST PORT CHARLOTTE, FL 33954 PAYMENT INVOICE ENCLOSED - - PLEASE REVIEW BACK PAGE or Homeowners Choice Property & Casualty Insurance Company, Inc.~ Policy Number: HCPC-HO3-385308-10 PENNY DAVIDSON 371 BLARNEY ST PORT CHARLOTTE, FL 33954 Dear Policyholder: Thank you for allowing Homeowners Choice Property & Casualty Insurance Company, Inc., to assist you with your insurance needs. Your policy and other important documents are enclosed. If your insurance premium is not held in escrow through your mortgage company, your invoice can be found on the back page of this packet. Our privacy policy is on the reverse side of this letter. Please read each document carefully. Homeowners Choice is a Florida-based insurance company which provides property and casualty insurance to Florida property owners. We have been awarded a Financial Stability Rating of “A” (Exceptional) by Demotech, Inc., a leading actuarial and financial analysis firm. We invite you to learn more about Homeowners Choice by visiting our web site at www.hcpci.com. Your insurance agent should be your front-line policy advisor. If you have specific coverage questions regarding your policy, please contact your agent. For questions about Homeowners Choice, please call our customer service department at (888) 210-5235. We know you have choices when selecting homeowners insurance. We value the trust you have placed in us and look forward to remaining your insurance company of choice. Respectfully, HCPCI Marketing Department Enclosures CL7.15 HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE CO., INC. P.O. BOX 23177 * TAMPA, FL 33623 PHONE: 888-210-5235 * FAX: 813-865-0170 HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. PRIVACY POLICY Your Privac y is Our Concern Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates strive to provide high quality insurance products and excellent customer service. In doing so, we will obtain and develop personal information about you and your family. We consider this information confidential and have procedures in place to protect this information against unlawful use and disclosure. This Privacy Policy describes how we obtain and use information about you, and how we protect that information. It applies both to current and former policyholders. Our Basic Privacy Principles We do not sell policyholder information, We do not disclose policyholder information except as necessary or appropriate to provide insurance products and services, and as otherwise allowed or required by law. When we share policyholder information with nonaffiliated vendors and service providers, we contractually require them to maintain confidentiality and to use the information solely for the purposes for which we provide the information. We maintain procedural, technical and physical safeguards to protect policyholder information. Sources of Personal Information We may obtain personal information about you from several sources. We obtain most of our information directly from you or through your agent, on insurance applications and forms you submit and other interactions you have with us. We also will learn information about you from servicing your policy. We might also receive information from outside vendors that furnish us with information relating to your eligibility for insurance, your existing or prospective policy, and your claims. These vendors may include consumer reporting agencies, home inspection companies, statistical or reporting bureaus in addition to other sources. If you visit an Internet website that we maintain, we might obtain information about you that will enable us to identify you as a user, including your name, a user name, a password, and password reminders. We also might obtain information about your web browser, operating system and similar information to improve the performance and operation of our site. Our Use of Your Personal Information We will not sell your personal information to anyone, except to someone purchasing all or a portion of our business. We do not share any of the personal information we collect except among members of our corporate group (i.e. affiliates), non-affiliated vendors and service providers, joint marketers, agents and as permitted or required by law. Typically we share information only to the extent necessary or appropriate to offer and provide our insurance products and services to you and to improve our products and services, as well as to effect, admi ster or enforce transactions that you request. For example, we might provide information about you and your policy to a company that prints and mails our insurance policies or to a company that adjusts any claims you may have. We might also share any personal information we collect with companies that perform marketing services on our behalf and other financial institutions with which we have joint marketing agreements. We might share information with your insurance agent. When we share policyholder information with nonaffiliated parties, we contractually require them to maintain confidentiality and to use the information solely for purposes for which we provide the information. We also are permitted or required to share information with certain other parties listed in federal law and state rules, such as insurance advisory organizations, rating agencies, regulatory authorities, consumer reporting agencies and attorneys and accountants. How We Protect Your Personal Information We maintain physical, electronic, and procedural safeguards to ensure the confidentiality of the personal information we obtain about you. We restrict access to your personal information to those employees who need to know that information to provide services to you. Affiliates This notice describes the practices and procedures of Homeowners Choice Property & Casualty Insurance Company, Inc. and its affiliates, HCI Group, Inc., Homeowners Choice Managers, Inc., Southern Administration, Inc., and Claddaugh Casualty Insurance Company Ltd. This summary of our practices is furnished for your information. No action is required by you upon receipt of this notice. If you have any questions, you may contact us at: Homeowners Choice Property & Casualty Insurance Company, Inc. 3802 Coconut Palm Drive, Tampa, FL 33619 Attention: General Counsel Toll free (888) 210-5235 (08 21) e Homeowners Choice Property & Casualty Insurance Company, Ine. NOTICE OF CHANGE IN POLICY TERMS We are sending you this notice to inform you about important changes to your policy. The descriptions in this notice are intended to be for informational purposes only. Please review your policy and endorsement language carefully. In the event of a conflict, the language in your policy and its endorsements will be controlling. . “Personal injury” has been defined. . Property Not Covered has been expanded to include drones and water or steam. Collapse under Section I - Property Coverages — Additional Coverages has been clarified. Coverage does not apply to collapse of plumbing due to age, deterioration or maintenance. Section I - Perils Insured Against has been updated to further describe “collapse” and accidental discharge of water or steam. Coverage has been clarified to explain the cost for the tear out and repair is limited to only that part necessary to provide access to the part of the system or appliance that caused the covered loss. Section I - Exclusions — Constant or repeated seepage has been clarified. Section II - Exclusions — Personal Liability and Medical Payments. Drones are now included under aircraft. “Personal injury” has also been added. Section I & II - Conditions — Cancellation and nonrenewal provisions have been updated clarifying when policies can be cancelled or nonrenewed. REASONABLE EMERGENCY MEASURES and LOSS REPORTING: Section I - Property Coverages — Reasonable Repairs has been updated to “Reasonable Emergency Measures”. Necessary measures taken solely to protect covered property from further damage may not exceed the greater of $3,000 or 1% of the Coverage A limit unless approval is received in advance from Homeowners Choice. Section I - Conditions — Duties After Loss has been updated regarding coverage for permanent repairs. Except for Reasonable Emergency Measures, there is no coverage for repairs that begin before the earlier of: 1) 72 hours after Homeowners Choice is notified of the loss; 2) The time of loss inspection by Homeowners Choice; or 3) The time of other approval by Homeowners Choice. To the degree reasonably possible, damaged property must be retained for us to inspect. If failure to comply with Duties is prejudicial to us, we have no duty to provide coverage. Changes to your policy which have been mandated by the Florida Legislature or which correct prior typographical errors are not included in this notice. Please read your policy, declaration pages and related documents for complete descriptions and details. Please contact your agent if you have any questions about these policy-related changes. You may, of course, call us directly at (888) 210-5235. Thank you for being a valued customer. We appreciate your business! HC NOC 04 16 (HO3 02 17) Page 1 of 1 This page intentionally left blank Co Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners 3 Policy 3802 Coconut Palm Dr. Tampa, FL 33619 For Customer Service or to Report a Claim, Please Call (888) 210-5235 HC HO3J 10 21 Page 1 of 2 KREKKRREEERERERERERERER I M PO RTANT N OTICE RREKKERERERERERERERERERER This policy is issued on behalf of Homeowners Choice Property & Casualty Insurance Company, Inc. (the Company) and by acceptance of this policy, you agree that: 1 The statements in the application are your representations; 2. This policy is issued in reliance upon the truth of those representations; and 3. This policy embodies all agreements existing between you and Homeowners Choice Property & Casualty Insurance Company, Inc., or any of our Producers relating to this policy. IN WITNESS WHERE OF: In consideration of your paid premium, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company. KLIS, Kenneth Starling, CPCU, Vice President - Underwriting Homeowners Choice Property & Casualty Insurance Company, Inc. Page 2 of 2 HC HO3J 10 21 For policy questions, contact your agent at: (941) 464-7992 Homeowners Choice For Claims please call: (866) 324-3138 Property & Casualty Insurance Company, Inc. For Customer Service please call: (888) 210-5235 Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners HO3 Policy Declarations - Renewal Named Insured and Location of Residence Premises: Mailing Address: Policy Number: HCPC-HO3-385308-10 PENNY DAVIDSON 371 BLARNEY ST 371 BLARNEY ST PORT CHARLOTTE, FL 33954 Renewal PORT CHARLOTTE, FL 33954 Policy Effective Date: Mar 30, 2022 12:01AM Policy Expiration Date: Mar 30, 2023 12:01AM County: CHARLOTTE COVERAGE IS PROVIDED WHERE A PREMIUM OR LIMIT OF LIABILITY IS SHOWN FOR THE COVERAGE Coverages Limit of Liability Annual Premium Forms, Notices and Endorsements: Section | HC HO3J 10 21 HO 04 96 04 91 A. Dwelling $326,000 $4,001 OIR-B1-1670 (1-1-06) HC OC HO3 08 16 B. Other Structures $6,520 Included OIR-B1-1655 (Rev. 02/10) C. Personal Property $99,430 (815) HC WL 05 13 Included HC 09 DN 12 13 D. Loss of Use $32,600 HC HO OL 12 17 Section Il HC HO3 TOC 01 20 E. Personal Liability $300,000 $18 HC HO3 01 20 HC CGCC HO3 03 13 F. Medical Payments $2,000 Included HC 24 07 08 Endorsement Premium Total (See Details, P.2) $0 Rating Information: Credits and Charges: Territory: 711 BCEG: 99 Coverage A Increased due to an Inflation Factor Fire Alarm: No. Building Code Effectiveness Grading Adjustment Burglar Alarm: No Windstorm Mitigation Credit Sprinkler: Modified Deductibles Adjustment Construction: Year Built: 1990 Protection Class: Wind Mitigation Factor: 410 (12505) Underwriting Surcharges (See Details, P.2) $619 Deductible Section | In case of a loss, we cover only that part of Total Annual Policy Premium $4,623 the loss over the deductible stated unless Policy Fees (See Details, P.2) $59 otherwise stated in policy: Endorsement Fees (See Details, P.2) $0. Total Policy Charges $4,682 No Sinkhole Coverage $2,500 All Other Perils Deductible Premium Change Due to Rate Change $516 Premium Change Due to Coverage Change $ 334 2% ($6,520) Hurricane Deductible Fee Change from Prior Term $32 (Hurricane and Sinkhole Deductibles are a percentage of Coverage A) The Hurricane portion of the Premium is: $2,459 The Non-Hurricane portion of the Premium is: $2,164 Arate adjustment of $ 0 is included to reflect the Building Code Effectiveness Grade for your area. Adjustments range from approximately a 9% surcharge to a 13.2% credit. Please see Page 2 for important notices that apply to this policy. ‘Agent: DARLENE M ANTINORI - Other: Bill To: Policyholder GREAT FLORIDA INS - PUNTA GORDA Hist Lien - JP MORGAN CHASE BANK, NA, ISAOA/ATIMA, PO BOX 1156 24630 SANDHILL BLVD #305 SPRINGFIELD, OH 45501 Loan # 4022124824 PUNTA GORDA, FL 33983 Phone: (941) 464-7992 ‘Authorized Countersignature: Apr 26, 2023 12:37PM ILLS HC HO3 DEC 10 21 Page 1 of 2 Policy Number: HCPC-HO3-385308-10 Endorsement Premium Details Limit of Liability Annual Premium Personal Property Replacement Coverage Not Included Mold Coverage Property $10,000 Included Mold Coverage Liability $50,000 Included Permitted Incidental Occupancy Not Included Loss Assessment Coverage $1,000 Included Ordinance or Law Coverage 25% of Coverage A Included Endorsement Premium Total $0 Underwriting Surcharges Details No Prior Insurance or Dec Page Adjustment $0 Seasonal or Unoccupied Surcharge $0 Age of Home Adjustment $619 Rate Equalization Credit $0 Voluntary Writing Credit $0 Discount Capping Adjustment $0 Underwriting Surcharges Total $619 Policy Fee Details Managing General Agency Fee $25 Emergency Management Preparedness and Assistance Trust Fund Fee $2 2022-01 Florida Insurance Guaranty Association (FIGA) Assessment Surcharge $32 Policy Fee Total $59 Recent Changes and Endorsements: Date Effective Premium Change Endorsement Total $0 NOTICES THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. 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. Page 2 of 2 HC HO3 DEC 10 21 Checklist of Coverage Policy Type: Homeowners (HO3) The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tend to arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures. Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please refer to the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subject to the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent or company. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services' Helpline at (800) 342-2762 or www.fldfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limit of Insurance: $326,000 Loss Settlement Basis: Replacement Cost Other Structure Coverage (Detached from Dwelling) Limit of Insurance: $6,520 Loss Settlement Basis: Replacement Cost Personal Property Coverage Limit of Insurance: $99,430 Loss Settlement Basis: Actual Cash Value Deductibles Annual Hurricane: $6520 All Perils (Other Than Hurricane): $2,500 OIR-B1-1670 (1-1-06) Page 1 of 4 Checklist of Coverage (continued) The above Limit of Insurance, deductibles, and Loss Settlement Basis apply to the following perils insured against: (Items marked below Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Fire or Lightning Hurricane Flood (Including storm surge) Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles Smoke Vandalism or Malicious Mischief Theft Falling Objects Weight of Ice, Snow or Sleet Accidental Discharge or Overflow of Water or Steam Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging Freezing Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details. Loss of Use Coverage Coverage Limit of Insurance Time Limit (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included) Y_ | Additional Living Expense 24 Consecutive Months y_ | Fair Rental Value $32,600 24 Consecutive Months y_| Civil Authority Prohibits Use 2 Weeks Property - Additional / Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit included) Included Additional Y Debris Removal See Policy Y Y Reasonable Repairs See Policy Y Y Property Removed See Policy Y Credit Card, Electronic Fund Transfer Card, or $500 Access Device, Forgery and Counterfeit Money Loss Assessment $1,000 Collapse See Policy Glass or Safety Glazing Material See Policy Landlord's Furnishings See Policy Law and Ordinance $81,500 Grave Markers Mold / Fungi $10,000 OIR-B1-1670 (1-1-06) Page 2 of 4 Checklist of Coverage (continued) Discounts (Items below marked Y (Yes) indicate discount IS applied, those marked Dollar ($) Amount of Discount N (No) indicate discount is NOT applied) N_ | Multiple Policy N_ | Fire Alarm / Smoke Alarm / Burglar Alarm Included in Base Premium ‘Sprinkler Y Windstorm Loss Reduction Included in Base Premium Building Code Effectiveness Grading Schedule Included in Base Premium Other Included in Base Premium Insurer May Insert Any Other Property Coverage Below (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Loss Settlement Basis: included, those marked N (No) indicate coverage is NOT (ie. Replacement Cost, Actual Cash Value, included) Stated Value, etc.) Personal Liability Coverage Limit of Insurance: $300,000 Medical Payments to Other Coverage Limit of Insurance: $2,000 Liability - Additional / Other Coverages (Items below marked Y (Yes) indicate coverage IS Limit of Insurance Amount of insurance is an additional amount of included, those marked N (No) indicate coverage is NOT coverage or is included within the policy limit included) Included Additional Y Claim Expenses See Policy Y Y First aid Expenses See Policy Y Y Damage to Property of Others $500 Y Y Loss Assessment $1,000 Y Insurer May Insert Any Other Liability Coverage Below (Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is Limit of Insurance NOT included) OIR-B1-1670 (1-1-06) Page 3 of 4 This page intentionally left blank OIR-B1-1670 (1-1-06) Page 4 of 4 Homeowners Choice Property & Casualty Insurance Company, Inc. Homeowners OUTLINE OF YOUR HOMEOWNERS POLICY The following outline of coverage is for informational purposes PERILS INSURED AGAINST only. Florida law prohibits this outline from changing any of Coverage A - Dwelling and Coverage B - Other Structures the provisions of the insurance contract which is the subject of This policy insures against risk of direct loss to covered this outline. Any endorsement regarding changes in types of property under Coverages A and B, unless not covered or coverage, exclusions, limitations, reductions, deductibles, excluded from coverage as described elsewhere in the coinsurance, renewal provisions, cancellation provisions, policy. surcharges, or discounts will be sent separately. Coverage C - Personal Property Please read your homeowners policy carefully for This policy insures against direct physical loss under complete descriptions and details. Coverage C except as limited or excluded by your policy, Contact your agent with any questions about this policy. caused by: SECTION | - PROPERTY COVERAGE Fire or Lightning Windstorm or Hail Coverage A - Dwelling Explosion or Smoke Protects against covered loss to your dwelling and structures Riot or Civil Commotion attached to your dwelling. It also protects against covered Aircraft or Vehicles loss to building materials located on your residence premises which are being used in connection with your residence Vandalism or Malicious Mischief premises. Theft (on premises only) Falling Objects Coverage B - Other Structures Weight of Ice, Snow or Sleet Protects against covered loss to structures on your residence Accidental Discharge or Overflow of Water or Steam premises not physically attached to the dwelling. Sudden and Accidental Tearing Apart, Cracking, Coverage C - Personal Property Burning or Bulging Protects against covered loss to your personal property such Freezing of Plumbing or Household Appliances as clothing and furniture. Special limits apply to some types of Sudden and Accidental Damage from Artificially personal property including but not limited to: money, Generated Electricity securities, watercraft, and theft of jewelry, firearms and . Volcanic Eruption silverware. . Catastrophic Ground Cover Collapse There are some items not covered under Coverage C. Some PROPERTY EXCLUSIONS examples are animals, food spoilage, motorized vehicles and property of roomers or boarders and other tenants. Loss by This policy does not provide protection under Coverages A, B and C for losses resulting in any manner from: theft while property is located off the residence premises is not covered. Please review your policy for a complete list of . Ordinance or Law items that have special limits or are excluded. . Earth Movement and Settlement, Other than a Catastrophic Ground Cover Collapse Coverage D - Loss of Use Sinkhole Activity or Sinkhole Loss Provides for the additional living expenses you incur while you Neglect or Intentional Loss are temporarily unable to live at your home because of a War or Nuclear Hazard covered loss. Payment would include such items as Theft Away from the Residence Premises temporary lodging and increased costs for food. Coverage D Animals is limited to 24 consecutive months from the date of the covered loss. Pre-event evacuation expenses are not covered Off Premises Power Failure under this policy. Inherent Vice, Decay, Defect and Mechanical Breakdown ADDITIONAL COVERAGES Flood and Other Water Damage Included in your homeowners policy, these additional Constant or Repeated Seepage or Leakage of Water or coverages include limitations and may not completely protect Steam you against loss. . Settling, Shrinking, Bulging or Expansion Debris Removal There are other exclusions. Please refer to your policy for Reasonable Emergency Measures complete details regarding exclusions. Trees, Shrubs and Other Plants Fire Department Service Charge OTHER LIMITATIONS Property Removed Reasonable Emergency Measures — Necessary measures Credit Card, Fund Transfer Card, Forgery and taken solely to protect covered property from further damage Counterfeit Money may not exceed the greater of $3,000 or 1% of the Coverage Loss Assessment Alimit unless approval is received in advance from us. Collapse Notice of Claim to Us - Windstorm or Hurricane - Any Glass or Safety Glazing Material claim, supplemental claim, reopened claim for loss or Landlord’s Furnishings damage caused by the peril of windstorm or hurricane is Fungi, Wet or Dry Rot, Yeast or Bacteria barred unless notice of the claim, supplemental claim, or Ordinance or Law reopened claim is given to us in accordance with the terms of the policy within three years after the hurricane first makes landfall or the windstorm caused the covered damage. Notice of Claim to Us - Sinkhole Loss - Any claim, including, but not limited to initial, supplemental, and HC OC HO3 08 16