Nikolai Canon, et al Plaintiff vs. EDISON INSURANCE COMPANY Defendant, CACE24007071, 05-21-2024_Complaint (eFiled) (Fla. 17th Cir. Ct. May. 21, 2024) (2024)

Filing# 198798409 E-Filed 05/21/2024 11:06:48 AM
`
`IN THE CIRCUIT COURT OF THE
`17TH JUDICIAL CIRCUIT IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`CASE NO.:
`
`NIKOLAI CANON and
`NICOLE GALLEGO,
`
`Plaintiffs,
`
`V E
`
`DISON INSURANCE COMPANY,
`
`Defendant.
`
`COMPLAINT
`
`COMES NOW, the
`
`Plaintiffs,NIKOLAI CANON and NICOLE GALLEGO
`
`("Plaintiffs"),by and through the undersigned counsel, and hereby sues Defendant,
`
`EDISON INSURANCE COMPANY, ("Defendant"),and alleges as follows:
`
`PARTIES, JURISDICTION & VENUE
`
`1.
`
`This is an action for breach of contract, and the amount at issue exceeds Fifty
`
`Thousand and 00/100 Dollars ($50,000.00),exclusive of interest,costs and attorney'sfees.
`
`2-
`
`The Plaintiffs are individuals,who at all times material hereto, had an
`
`insurable interest in residential property ("Property")located in Broward County at 13762
`
`NW 23rrd
`
`Street,Pembroke Pines, FL 33028, and at all times material hereto, the property
`
`was insured under a policyissued by the Defendant.
`
`3.
`
`The Defendant is a duly and lawfully authorized and registered entity as
`
`required by Florida Law, which sells insurance policiesprovidingcoverage throughout the
`
`State that are subject to governing Florida Law.
`
`4.
`
`Venue and jurisdictionare proper in Broward County, Florida, since the
`
`Defendant's personnel who adjust and/or investigateinsurances claims maintain offices
`
`for transacting their customary business in the county of this Court. Further, the policyof
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/21/2024 11:06:46 AM.****
`
`

`

`insurance was issued and breached in Broward County, Florida.
`
`5.
`
`All conditions precedent to the filingof this lawsuit have occurred, have been
`
`waived, or have been performed.
`
`GENERAL ALLEGATIONS
`
`6.
`
`At all times material hereto, and in consideration of a premium paid by the
`
`Plaintiffs,there was in fullforce and effect a certain homeowner's insurance policy("Policy")
`
`that provided coverage for the losses and/or damages suffered by the Plaintiffs.
`
`7.
`
`8.
`
`A certified copy of the Policy,EDH 5006902, is attached as EXHIBIT "A".
`
`Under the terms of the Policy,the Defendant agreed to provide insurance
`
`coverage to the insured Property against certain losses and/or damages for which a claim
`
`was made.
`
`9.
`
`On or about September 28,2022, during the Policy period, and while the
`
`Policy was in full force and effect, the Property sustained a sudden, accidental and/or
`
`otherwise covered loss ("Covered Loss") under the Policy.
`
`10.
`
`The Defendant was duly notified of the covered loss and assigned Claim No.
`
`EDI963169.
`
`11.
`
`As of the date of filingthis lawsuit, the Defendant has failed to duly issue
`
`payment to the Plaintiffs for the covered losses and/or damages under the Policy,including,
`
`but not limited to, the actual cash value of the loss and/or damages.
`
`12.
`
`The Plaintiffs have suffered and continue to suffer damages due to the
`
`Defendant's expressed, and/or anticipatory failure
`
`to perform under the Policy in
`
`accordance with governing Florida law.
`
`

`

`COUNTI
`BREACH OF CONTRACT
`
`13.
`
`The Plaintiffs reincorporate paragraphs 1 through 12 as if fullyset forth
`
`herein.
`
`14.
`
`The Defendant had a duty to issue payment for the Covered Loss as soon
`
`as payment is known to be due and owing under any section or provisionof the policy.
`
`15.
`
`Notwithstanding the Plaintiffs' substantial compliance with the material
`
`conditions to payment under the Policy, and/or the Defendant's waiver thereof, the
`
`Defendant refuses to perform its duty to issue payment as indicated.
`
`16.
`
`The Defendant's failure to issue payment constitutes a material breach of the
`
`Policy, and the Plaintiffs have suffered, and will continue to suffer damages as a result
`
`thereof.
`
`17.
`
`The Plaintiffs have been obligated to retain the undersigned attorney for the
`
`prosecution of this action and is entitled to an award of reasonable attorney's fees and
`
`costs pursuant to Fla. Stat. Sees. 627.428, or alternatively626.9373, and 57.041.
`
`WHEREFORE, the Plaintiffs,pursuant to
`
`Fla.
`
`Stat. Sees. 57.041, 627.428,
`
`626.9373, 627.70131, 55.03 and/or governing Florida Law, respectfullydemand judgment
`
`be entered against the Defendant and in the Plaintiffs' favor as follows:
`
`a.
`
`b.
`
`Full payment of damages that have been sustained as a result of the Defendant's
`
`breach of contract;
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`An award for reasonable attorneys' fees and costs for obtaining a judgment,
`
`order or decree adverse to the Defendant and/or in favor of the Plaintiffs' rights
`
`under the Policy;
`
`C
`
`Payment of prejudgment and post-judgment interest;and/or
`
`

`

`d.
`
`Any other relief the Court deems justand proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiffs demands a trial by jury of all issues so triable by a jury as a matter of law
`
`and right.
`
`NOTICE OF DESIGNATION OF ELECTRONIC MAIL ADDRESSES
`
`NOTICE is hereby given, in conformity with the requirements of Florida Rules of
`Judicial Administration 2.516, of designation of a primary and secondary e-mail address
`for the undersigned, Lawrence J. Bohannon, Esquire, as set forth below:
`
`1.
`
`2.
`
`3.
`
`Ibohannon@bohannonpa.com
`Primary email address:
`Secondary email address: sciappesoni@bohannonpa.com
`pcannella@bohannonpa.com
`Tertiaryemail address:
`
`DATED this May 21, 2024.
`
`BOHANNON & CANNELLA
`Attorneys for Plaintiff
`1141 Southeast 2nd Avenue
`Fort Lauderdale, FL 33316
`Telephone: (954) 523-2800
`Facsimile: (954) 206-0265
`Primary emai : Ibohannon@bohannonpa.com
`Second emai : sciappesoni@bohannonpa.com
`Tertiaryemai : pcannella@bohannonpa.com
`
`BY: - /s/<Paul-Cannefla
`Paul Cannella, Esq.
`Florida Bar No.- 090945
`
`PC/sc
`
`

`OEDISON
`
`INSURANCE COMPANY
`P.O. Box 21957 Lehigh Valley, PA 18002-1957
`
`EXHIBIT "A"
`
`HOMEOWNERS DECLARATION
`POLICY PERIOD
`From
`
`POLICY NUMBER
`
`To
`
`EDH5006902-02
`
`06/12/2022
`
`06/12/2023
`
`12:01 AM. Standard Time at the residence premises
`
`For Customer Service and Claims Call 1 -866-568-8922 or visit www.edisoninsurance.com
`RENEWAL DECLARATION
`Policy Form:HO3
`
`Date Issued:04/20/2022
`
`INSURED:
`
`NICOLE GALLEGO
`NIKOLAI CANON
`13762 NW 23RD ST
`PEMBROKE PINES, FL 33028-2621
`
`AGENCY:
`WE INSURE
`PO BOX 23865
`JACKSONVILLE, FL 32241
`Agency ID: 0020307
`
`Phone: 954-990-3853
`
`Phone: 877-677-4063
`The residence premises covered by this policy is located at the address listed below.
`13762 NW 23RD ST, PEMBROKE PINES, FL 33028-2621
`Coverage is provided where premium and limit of liabilityis shown, subject to terms and conditions of the policy.
`COVERAGES
`LIMIT OF LIABILITY
`SECTION I COVERAGE
`A. DWELLING
`B. OTHER STRUCTURES
`C. PERSONAL PROPERTY
`D. LOSS OF USE
`SECTION Il COVERAGE
`E. PERSONAL LIABILITY
`F. MEDICAL PAYMENTS
`OPTIONAL COVERAGES
`See FORMS SCHEDULE on page 2 for details
`
`$
`$
`$
`$
`
`$
`$
`
`624,800
`12,496
`156,200
`62,480
`
`300,000
`2,000
`
`EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND:
`FLORIDA INSURANCE GUARANTY ASSOCIATION 01/01/22 ASSESSMENT:
`MANAGING GENERAL AGENCY FEE:
`TOTAL POLICY PREMIUM:
`
`Note: The portion of your premium for Hurricane Coverage is:
`Non-hurricane Premium:
`
`The amount of premium change due to approved rate increase is:
`The amount of premium change due to coverage changes is:
`The amount of premium change due to fee changes is:
`
`All Other Perils Deductible:
`$2,500
`HURRICANE DEDUCTIBLE: 2% of Coverage A =
`
`DEDUCTIBLES
`Sinkhole Deductible: N/A
`$12,496
`
`Law and Ordinance Coverage: 25%
`
`First Mortgagee:
`SPACE COAST CREDIT UNIONISAOA/ATIMA
`PO BOX 3220, CARMEL, IN 46082
`
`Loan #: 8100009310475
`
`CM B-81?
`
`COUNTERSIGNED BY AUTHORIZED REPRESENTATIVE
`
`MORTGAGEE COMPANY
`
`04/20/2022
`
`COUNTERSIGNED DATE
`
`PREMIUM
`
`$
`
`$
`
`$
`
`$
`$
`$
`
`$
`
`$
`
`$
`
`$
`$
`$
`
`7,276.29
`nc uded
`nc uded
`nc uded
`
`30.00
`Included
`
`-1,829.29
`
`2.00
`38.34
`25.00
`5,542.34
`
`2,448.38
`3,028.62
`
`850.28
`294.23
`38.34
`
`EDI HO DEC FL 03 22
`
`INSURED COPY
`
`Page 1 of 4
`
`

`

`OEDISON
`
`INSURANCE COMPANY
`P.O. Box 21957 Lehigh Valley, PA 18002-1957
`FORMS SCHEDULE
`
`EDH5006902-02
`
`POLICY NUMBER
`
`POLICY PERIOD
`From
`
`To
`
`06/12/2022
`
`06/12/2023
`
`12:01 AM. Standard Time at the described location
`
`Form #
`EDI NTC 01 06 14
`OIR-Bl-1670 01 06
`EDI HO3 OC 05 19
`EDI PRI 06 14
`EDI HOJ 01 20
`EDI HO 03 07 21
`OIR-Bl-1655 02 10
`EDI HO CDE 05 21
`EDI HO ELE 06 21
`EDI 19 06 14
`EDI 24 06 14
`EDI HO LO 06 14
`EDI GC 01 06 14
`EDI HO 04 96 06 14
`EDI HO 04 01 09 16
`
`Form #
`EDI HO 04 90 06 14
`EDI HO 04 77 06 14
`EDI SE 01 06 14
`EDI HO 04 95 08 15
`EDI HO LWD 02 19
`
`Main Policy Forms
`
`Description
`NOTICE OF CHANGE IN POLICY TERMS
`CHECKLIST OF COVERAGE
`OUTLINE OF HOMEOWNERS POLICY
`PRIVACY NOTICE
`POLICY JACKET
`HOMEOWNERS 3 - SPECIAL FORM
`NOTICE OF PREMIUM DISCOUNTS FOR HURRICANE LOSS MITIGATION
`COMMUNICABLE DISEASE EXCLUSION
`EXCESSIVE OR UNUSUAL LIABILITY EXPOSURE
`WINDSTORM PROTECTIVE DEVICES
`CALENDAR YEAR HURRICANE DEDUCTIBLE WITH SUPPLEMENTAL REPORTING REQUIREMENT - FLORIDA
`IMPORTANT INFORMATION REGARDING LAW AND ORDINANCE COVERAGE
`GOLF CART OR OTHER MOTORIZED LAND CONVEYANCE PROPERTY DAMAGE AND LIABILITY LIMITATION
`COVERAGE FOR HOME DAY CARE BUSINESS
`FLOOD AFFIRMATION
`
`Endorsem*nts
`
`Description
`PERSONAL PROPERTY REPLACEMENT COST
`LAW AND ORDINANCE - INCREASED AMOUNT OF COVERAGE
`SCREENED ENCLOSURE
`WATER BACK-UP
`LIMITED WATER DAMAGE COVERAGE
`LOSS ASSESSMENT
`SINKHOLE LOSS COVERAGE
`
`Limit
`
`25%
`10,000
`5,000
`10,000
`1,000
`
`$
`$
`$
`$
`
`Premium
`Included
`Included
`145.57
`25.00
`-1,999.86
`Included
`Excluded
`
`$
`$
`$
`
`EDI HO DEC FL 03 22
`
`INSURED COPY
`
`Page 2 of 4
`
`

`

`OEDISON
`
`INSURANCE COMPANY
`P.O. Box 21957 Lehigh Valley, PA 18002-1957
`
`POLICY NUMBER
`
`EDH5006902-02
`
`POLICY PERIOD
`From
`
`To
`
`06/12/2022
`
`06/12/2023
`
`12:01 AM. Standard Time at the described location
`
`DISCOUNTS
`These adjustments have already been applied to your premium.
`
`Deductible
`BCEG
`Secured Community/Building
`Financial Responsibility
`Wind Mitigation
`Total Discounts:
`
`-$505.76
`-$212.90
`-$495.73
`-$1,045.99
`-$12,854.00
`($ -15,114.38)
`
`Year Built
`Construction Type
`Dwelling Type
`Number of Stories
`Number of Units
`Units in Firewall
`
`2000
`Masonry
`Single Family House
`2
`
`1
`N/A
`
`RATING INFORMATION
`Owner
`Occupancy
`Primary
`Primary/Seasonal
`Number of Families
`1
`01
`Protection Class
`BCEG Class
`3
`C
`Terrain
`SWR
`No
`
`Roof Year Replaced
`Roof Shape
`Roof Cover
`Roof Deck
`Roof Wall
`Open Protection
`
`N/A
`Hip
`FBC Equivalent
`8d @ 6"/6"
`Double Wraps
`Class A
`
`Your windstorm loss mitigation credit is $12,854.00. A rate adjustment of 84% credit is included to reflect the Windstorm Mitigation Device
`credit.
`This credit applies only to the wind portion of your premium. Adjustments range from 0% to 92% credit.
`
`A rate adjustment of +8% is included to reflect the Building Code Effectiveness Grade for your area.
`Adjustments range from 1 % surcharge to 12% credit.
`
`Property coverage limit changed at renewal by an inflation factor measured by a nationally recognized index of construction costs.
`
`You may be eligiblefor other programs in Florida Peninsula Holdings, LLC and should discuss with your agent.
`THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
`HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-
`POCKET EXPENSES TO YOU.
`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.
`
`EDI HO DEC FL 03 22
`
`INSURED COPY
`
`Page 3 of 4
`
`

`

`POLICY NUMBER
`
`POLICY PERIOD
`From
`
`To
`
`EDH5006902-02
`
`06/12/2022
`
`06/12/2023
`
`OEDISON
`
`INSURANCE COMPANY
`P.O. Box 21957 Lehigh Valley, PA 18002-1957
`DEDUCTIBLE OPTIONS NOTICE
`This policy contains a separate deductible for Hurricane Losses and for All Other Perils. The deductibles shown in your
`policy declaration page(s) are the deductibles that will apply as described in your policy in the event of a covered loss. If
`you fail to select a deductible at the time of your application submission, $1,000 All Other Perils and 2% Hurricane
`deductibles will apply. If you do not choose an All Other Perils or Hurricane Deductible at renewal, your previously
`selected deductibles will apply.
`You have the option to buy lower deductibles for an additional premium, or select higher deductibles for a premium credit.
`For HO3 policies,All Other Peril deductible options are $500, $1,000, $2,500, $5,000 and $10,000. For HO6 policies,All
`Other Peril deductible options are $500, $1,000, $2,500 and $5,000. Hurricane deductible options are $500,2% (minimum
`$500), 5% or 10%. Percentage deductibles apply to Coverage A in Form HO3 and Coverage C in Form HO6. In the event
`you select a lower hurricane deductible and have suffered a hurricane loss under this policy or under one issued by a
`member of our company group during the calendar year, such lower selected deductible will not take effect until January 1
`of the followingcalendar year. If your policydoes not exclude coverage for the perilof Windstorm or Hail, there are various
`combinations of All Other Peril and Hurricane deductibles available. Not all of these deductible options may be available to
`you due to the value of your dwelling. If your policy excludes coverage for the perilof Windstorm or Hail, a Hurricane
`Deductible would not apply.
`You have the option to buy Flood Coverage for an additional premium. Flood Coverage has a separate deductible with the
`followingoptions: $500, $1,000, $2,500, $5,000, $7,500 and $10,000. Ifyou do not choose a Flood Deductible at renewal,
`your previously selected deductible will apply.
`For HO3 policies,you have the option to buy Sinkhole Coverage for an additional premium. Sinkhole Coverage has a
`separate deductible of 10% of Coverage A in HO3. For HO6 policies,sinkhole coverage is included. It has a separate
`deductible equal to the All Other Perils deductible.
`Please contact your agent ifyou have any questions, concerns or wish to change your deductible options.
`
`12:01 AM. Standard Time at the described location
`
`LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS
`AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
`PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.
`FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE
`PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S
`INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR
`DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS
`AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT
`SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE
`UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS
`THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE
`COVERAGE WITH YOUR INSURANCE AGENT.
`
`EDI HO DEC FL 03 22
`
`INSURED COPY
`
`Page 4 of 4
`
`

`

`EDISON POLICY NUMBER
`
`EDH5006902-02
`
`INSURANCE COMPANY
`
`HOMEOWNERS
`
`POLICY PERIOD
`
`From
`
`To
`
`DATE ISSUED: 04/20/2022
`
`06/12/2022
`
`06/12/2023
`
`INSURED
`
`NICOLE GALLEGO
`NIKOLAI CANON
`13762 NW 23RD ST
`PEMBROKE PINES, FL 33028-2621
`
`AGENT
`
`WE INSURE
`PO BOX 23865
`JACKSONVILLE, FL 32241
`
`Telephone: 954-990-3853
`
`Telephone: 877-677-4063
`
`Property Address: 13762 NW 23RD ST, PEMBROKE PINES, FL 33028-2621
`
`NOTICE OF CHANGE IN POLICY TERMS
`
`We are pleased to offer you the enclosed Renewal Policy. Your renewal policy contains the following
`change(s) in policy terms. These are important changes and should be discussed with your agent.
`Changed Coverage A to $624,800
`Changed Coverage C to $156,200
`
`1.
`
`2.
`
`3.
`
`Under Definitions, amended the definition of "Unoccupied" to mean when the residence premises
`is uninhabited for 30 or more consecutive days. We also added the definitions of "Assignee" and
`"Assignment Agreement."
`Under Additional Coverages, amended 2. Emergency Mitigation Services. We will pay up to
`$3,000 for costs to protect further damage when the loss is caused by accidental discharge or
`overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire
`Please see the endorsem*nt for further
`protective sprinkler system or household appliance.
`details.
`Under Additional Coverages, amended 11. "Fungi", Mold, Wet or Dry Rot, Yeast or Bacteria.
`Added the word "mold" throughout the provision. We will pay up to $1,000 limit for the cost of
`testing of air or property to confirm the absence, presence or level of "fungi", mold, wet or dry rot,
`yeast, or bacteria. We will not pay more than the $1,000 limit unless we receive a request to
`In such circ*mstance, we will pay only up to the additional amount for the testing
`exceed the limit.
`we authorize. Please see the endorsem*nt for further details.
`Under Section I - Exclusions, amended 1.j. "Fungi," Mold, Wet or Dry Rot, Yeast or Bacteria.
`Added the word "mold" throughout the provision. Please see the endorsem*nt for further details.
`Under Section I -Conditions, amended 2. Duties After Loss. A claim or reopened claim must now
`be reported within two years after the date of loss. Also amended part b. Assignee(s)' Duties
`After Loss. Please see the endorsem*nt for further details.
`Under Section I - Conditions, amended 8. Suit Against Us.
`The insured must provide the
`Department of Financial Services with a written notice of intent to initiate litigation at least 10
`business days before filing a suit under the policy. Please see the endorsem*nt for further details.
`Under Section I - Conditions, added 19. Use of an Engineer or Engineering Services. We will not
`pay for professional engineering services on any loss unless the engineer or engineering firm is
`first selected or approved by us.
`Changes to "Unusual Or Excessive Liability Exposure" Form (EDI HO ELE 06 21)
`
`4.
`
`5.
`
`6.
`
`7.
`
`Page 1 of 2
`
`Insured Copy
`
`

`

`EDISON POLICY NUMBER
`
`EDH5006902-02
`
`INSURANCE COMPANY
`
`HOMEOWNERS
`
`POLICY PERIOD
`
`From
`
`To
`
`DATE ISSUED: 04/20/2022
`
`06/12/2022
`
`06/12/2023
`
`INSURED
`
`NICOLE GALLEGO
`NIKOLAI CANON
`13762 NW 23RD ST
`PEMBROKE PINES, FL 33028-2621
`
`AGENT
`
`WE INSURE
`PO BOX 23865
`JACKSONVILLE, FL 32241
`
`Telephone: 954-990-3853
`
`Telephone: 877-677-4063
`
`Property Address: 13762 NW 23RD ST, PEMBROKE PINES, FL 33028-2621
`
`NOTICE OF CHANGE IN POLICY TERMS
`
`1.
`
`1.
`
`The Excessive or Unusual Liability Exposure endorsem*nt has been updated to include motorized
`self-propelled land conveyance and gas or electric powered bicycle. Please see the endorsem*nt
`for further details.
`New "Communicable Disease Exclusion" Form (EDI HO CDE 05 21)
`For clarification purposes, we are making it clear that your policy does not and has never provided
`coverage for a Communicable Disease. The clarification is in the form of an endorsem*nt which
`states we exclude any loss, damage, liability, claim, cost or expense of whatsoever nature actual
`or alleged; directly or indirectly caused by, contributed by, resulting from, arising out of, or in
`connection with a communicable disease including any alleged contamination, removal, or
`cleanup. Please see the exclusion for further details.
`All coverages are subject to the provisions and conditions of the policy and any endorsem*nts. The renewal
`of this policy is subject to certain changes in limits and/or coverages listed above. These changes may
`impact your premium and coverages. Should you have any questions, please contact your agent listed
`above. Changes to your policy which have been mandated by the Florida Legislature or which correct prior
`policy documents for details of
`typographical errors are not included in this notice. Please review your
`coverage.
`Thank you for being a valued customer. We appreciate your business!
`
`EDI NTC 01 06 14
`
`Insured Copy
`
`Page 2 of 2
`
`

`

`Checklist of Coverage
`
`Policy Type: Homeowner's
`(Indicate: Homeowner's, Condominium Unit Owner's, Tenant's, Dwelling, or Mobile Home Ownefs)
`
`The followingchecklist 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 endorsem*nt 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 endorsem*nts. 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: $624,800
`
`Loss Settlement Basis: Replacement Cost
`(i.e.:Replacement Cost, Actual Cash Value, Stated Value, etc.)
`
`Other Structures Coverage (Detached from Dwelling)
`
`Limit of Insurance: $12,496
`
`Loss Settlement Basis: Replacement Cost
`(i.e.:Replacement Cost, Actual Cash Value, Stated Value, etc.)
`
`Personal Property Coverage
`
`Limit of Insurance: $156,200
`
`Loss Settlement Basis: Replacement Cost
`(i.e.:Replacement Cost, Actual Cash Value, Stated Value, etc.)
`
`Deductibles
`
`Annual Hurricane: $12,496
`
`All Perils (Other Than Hurricane): $2,500
`
`OIR-Bl-1670 (1-1-06)
`
`1 of 3
`
`

`

`Checklist of Coverage (continued)
`The above Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against:
`(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
`Fire or Lightning
`Hurricane
`Flood (Includingstorm surge)
`Windstorm or Hail (other than hurricane)
`Explosion
`Riot or Civil Commotion
`Aircraft
`Y Vehicles
`Y Smoke
`Y Vandalism or Malicious Mischief
`Y Theft
`Y Falling Objects
`Y Weight of Ice, Snow or Sleet
`N Accidental Discharge or Overflow of Water or Steam
`Y Sudden and Accidental Tearing Apart, Cracking, Burning or Bulging
`Y Freezing
`Y Sudden and Accidental Damage from ArtificiallyGenerated Electrical Current
`Y Volcanic Eruption
`Y Catastrophic Ground Cover Collapse
`N Sinkhole
`Y Any Other Peril Not SpecificallyExcluded (dwellingand other structures only)
`Special limits and loss settlement exceptions may apply to certain items. Refer to your policy for details.
`
`$10,000
`
`Loss of Use Coverage
`
`Limit of Insurance
`Coverage
`Time Limit
`(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included)
`Y Additional Living Expense
`See Policy
`$62,480
`Y Fair Rental Value
`See Policy
`$62,480
`Y Civil Authority Prohibits Use
`See Policy
`$62,480
`
`Property - Additional/Other Coverages
`Amount of insurance is an additional amount of
`(Items below marked Y (Yes) indicate coverage IS
`Limit of Insurance
`coverage or is included within the policy limit.
`inc uded, those marked N (No) indicate coverage is NOT
`Included
`Additional
`inc uded)
`Y
`Y Debris Removal
`Y
`Y Reasonable Repairs
`Y
`Y Property Removed
`Credit Card, Electronic Fund Transfer Card, or
`Access Device, Forgery and Counterfeit Money
`Loss Assessment
`
`See Policy
`See Policy
`See Policy
`
`$500
`
`Collapse
`Glass or Safety Glazing Material
`Landlord's Furnishings
`Law and Ordinance
`Grave Markers
`Mold / Fungi
`
`$1,000
`See Policy
`See Policy
`$2,500
`$156,200
`
`$10,000
`
`Y
`
`Y
`Y
`
`Y
`
`OIR-Bl-1670 (1-1-06)
`
`2 of 3
`
`

`

`Checklist of Coverage (continued)
`Discounts
`
`(Items below marked Y (Yes) indicate discount IS applied, those marked N
`(No) indicate discount is NOT applied)
`N Multiple Policy
`N Burglar Alarm
`N Fire Alarm / Smoke Alarm / Sprinkler Alarm
`Y Windstorm Loss Reduction
`Y Building Code Effectiveness Grading Schedule
`N Other
`
`Dollar ($)Amount of Discount
`
`-$12,854.00
`
`-$212.90
`
`(Items below marked Y (Yes) indicate coverage IS
`inc uded, those marked N (No) indicate coverage is NOT
`inc uded)
`
`Insurer May Insert Any Other Property Coverage Below
`Loss Settlement Basis:
`Limit of Insurance
`(i.e.:Replacement Cost, Actual Cash Value, Stated
`Value, etc.)
`
`Limit of Insurance: $300,000
`
`Limit of Insurance: $2,000
`
`Personal LiabilityCoverage
`
`Medical Payments to Others Coverage
`
`Liability - Additional/Other Coverages
`Amount of insurance is an additional amount of
`Limit of Insurance
`(Items below marked Y (Yes) indicate coverage IS
`coverage or is included within the policy limit.
`inc uded, those marked N (No) indicate coverage is NOT
`Included
`Additional
`inc uded)
`Y Claim Expenses
`Y First Aid Expenses
`Y Damage to Property of Others
`Y Loss Assessment
`
`See Policy
`See Policy
`$500
`
`$1,000
`
`Insurer May Insert Any Other Liability Coverage Below
`(Items below marked Y (Yes) indicate coverage IS included, those marked N (No) indicate coverage is
`NOT included)
`Y Mold/Fungi Section n
`
`Limit of Insurance
`
`$50,000
`
`OIR-Bl-1670 (1-1-06)
`
`3 of 3
`
`

`

`EDISON INSURANCE COMPANY
`
`HOMEOWNERS
`EDI HO3 OC 05 19
`
`OUTLINEOFYOUREDISONINSURANCE
`COMPANY HO-3 HOMEOWNERSPOLICY
`
`This Outline is being provided to help you more easily understand your Edison Insurance Company HO-3
`Homeowners Policy. It highlights the major coverages, exclusions, limitations and deductibles of your policy and
`provides information on discounts, cancellation and nonrenewal. However, this is just a guide and not a legal
`contract. Please readyourHO-3 Homeowners policycarefullyforcompletedescriptionsanddetails.
`The following Outline is for informational purposes only. Florida law prohibits this Outline from changing any of
`the provisions of the insurance contract, which is the subject of this Outline. Any endorsem*nt regarding
`changes in types of coverage, coverage limits, exclusions, deductibles, renewal or cancellation provisions,
`surcharges, credits, or any other changes will be sent separately.
`
`SECTION I - PROPERTY COVERAGE
`
`Coverage A - Dwelling
`Protects against covered loss to your dwelling and structures attached to your dwelling. It also protects against
`covered loss to building materials located on your residence, which are being used in connection with your
`residence premises.
`This coverage does not apply to land, including land on which the dwelling is located.
`
`Coverage B - Other Structures
`Protects against covered loss to structures on your residence premises not physically attached to the dwelling.
`This coverage does not apply to land, including land on which other structures are located.
`
`Coverage C - Personal Property
`Protects against covered loss to your personal property such as clothing and furniture.
`Special limits apply to some types of personal property including but not limited to:
`Money
`Securities
`Watercraft
`Theft of Jewelry
`Firearms
`Silverware
`There are some items not covered under Coverage "C." Some examples are:
`Animals
`Motorized Vehicles
`Property of roomers or boarders and othertenants
`Please review your policy for a complete list of items that have special limits or are excluded.
`
`-
`
`Coverage D - Loss Of Use
`Provides for the additional living expenses you incur while you are temporarily unable to live at your home
`because of a covered loss.
`Payment would include such items as temporary lodging and increased costs for food. Coverage is limited to 24
`consecutive months from the date of loss.
`Pre-event evacuation expenses are not covered under the policy.
`
`ADDITIONAL COVERAGES
`These additional coverages include limitations and may not completely protect you against loss:
`-
`Debris Removal
`-
`Reasonable Repairs
`Trees, Shrubs and Other Plants
`Fire Department Service Charge
`Property Removed
`
`-
`
`EDI HO3 OC 05 19
`
`Page 1 of 4
`
`

`

`EDISON INSURANCE COMPANY
`
`HOMEOWNERS
`EDI HO3 OC 05 19
`
`-
`
`-
`
`Credit Card, Fund Transfer Card, Forgery and Counterfeit Money
`Loss Assessment
`Collapse
`Glass or Safety Glazing Material
`Landlords Furnishings
`"Fungi," Wet or Dry Rot, Yeast or Bacteria
`Law and Ordinance
`
`PERILS INSURED AGAINST
`
`-
`
`Coverage A - Dwelling and Coverage B - Other Structures
`This policy insures under Coverages"A" and "B" unless not covered or excluded from coverage as described
`elsewhere in the policy.
`There are some perils not covered under Coverage "A" or "B." Some examples are:
`Freezing
`Wear and Tear
`Pollutants
`Corrosion
`Inherent Vice, Decay, Latent Defect and Mechanical Breakdown
`Vandalism (ifvacant more than 30 consecutive days)
`Additionally, there are exclusions and other property not covered. Please review your policy for a complete list
`of items that have special limits or are excluded.
`
`Coverage C - Personal Property
`-
`Fire or Lightning
`Windstorm or Hail
`Explosion
`Riot or Civil Commotion
`Aircraft
`Vehicles
`Smoke
`Vandalism or Malicious Mischief
`Theft (including off-premise theft)
`Falling Objects
`Weight of ice, snow or sleet
`Accidental discharge or overflow of water or steam
`Sudden and accidental tearing apart, cracking, burning orbulging
`Freezing of plumbing or household appliances
`Sudden and accidental damage from artificiallygenerated electrical current
`Volcanic eruption
`Catastrophic Ground Cover Collapse
`
`-
`-
`-
`-
`
`-
`
`PROPERTY EXCLUSIONS
`This policy does not provide protection under Coverages "A," "B" and "C" for losses resulting in any manner
`from:
`
`Sinkhole Loss Coverage
`Law and Ordinance
`Earth Movement and Settlement
`Flood and Other Water Damage
`Off-Premises Power Failure
`Neglect
`War or Nuclear Hazard
`Intentional Acts
`Existing Damage
`Constant or Repeated Seepage or Leakage of Water orSteam
`There are other exclusions. Please refer to your policy for complete details regarding exclusions.
`
`-
`
`-
`
`EDI HO3 OC 05 19
`
`Page 2 of 4
`
`

`

`EDISON INSURANCE COMPANY
`
`HOMEOWNERS
`EDI HO3 OC 05 19
`
`OTHER LIMITATIONS
`Deductibles
`A calendar year hurricane deductible and an all other perils deductible, selected by you, are shown on your
`Declarations page. This is the amount of the loss you must incur before this policy pays.
`
`Flood
`This policy does not protect you against loss due to flood or wave wash. A Flood Coverage endorsem*nt may
`be available in certain areas. Flood insurance is also available through the Federal government.
`
`Windstorm
`In someareas ofthe state, generallycoastal areas, windstorm and hailcoverage, including hurricane coverage,
`is not provided in your policy. Be sure to contact your agent to obtain this important coverage if it has been
`excluded from your policy.
`
`Loss Settlement
`For Coverage C - Personal Property, we will pay the actual cash value at the time of loss but not more than the
`cost to repair or replace.
`For Coverage A - Dwelling, we will initiallypay at least the actual cash value of the insured loss, less any
`applicable deductible. We shall pay any remaining amounts necessary to perform such repairs as work is
`performed and expenses are incurred or we will pay a licensed contractor after the insured signs a contract and
`as repairs are made to the covered property. If a total loss of the covered dwelling occurs, we shall pay the
`replacement cost coverage without reservation of any depreciation in value, subject to policy limits.
`
`Vacant Property
`If a loss occurs and the dwelling has been vacant for 30 consecutive days prior to the date of loss, there is no
`coverage for vandalism, sprinkler Ieakage, glass breakage, waterdamage, theft orattempted theft,even if they
`are a covered cause ofloss.
`
`SECTION Il - LIABILITY COVERAGE
`
`Coverage E - Personal Liability
`Provides coverage for bodily injury or property damage you or a person insured under your policy are legally
`obligated to pay.
`The bodily injuryor property damage must arise from an occurrence covered under Section Il of your policy.
`
`Coverage F - Medical Payments To Others
`Provides coverage for reasonable and necessary medical expenses if a guest is injured on your premises or off
`the insured premises under certain circ*mstances.
`The bodily injury must arise from an occurrence covered under Section Il of your policy with limited exceptions.
`Some liabilityand medical expenses are not covered under Section Il.
`For example, there is no coverage for bodily injury or property damage arising from:
`Animals
`Watercraft
`Motorized vehicles
`Radon
`Pollutants
`Ingestion or inhalation of lead in any form orsubstance
`Under certain conditions, home day care operations
`
`-
`
`-
`
`NONRENEWAL AND CANCELLATION PROVISIONS
`All cancellations are granted a pro-rata return of premium.
`
`Your Right To Cancel
`You may cancel the policy at any time, for any reason, by giving us advance written not

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Nikolai Canon, et al Plaintiff vs. EDISON INSURANCE COMPANY Defendant, CACE24007071, 05-21-2024_Complaint (eFiled) (Fla. 17th Cir. Ct. May. 21, 2024) (2024)
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