citizens filing 09-11984 - appraisal changes 01-01-10

Filing: 09-11984Only Original

Florida Department of Financial Services

Citizens Property Insurance Corporation Personal Residential WIND – Homeowner

Filing Memorandum

Purpose of Filing The purpose of this filing to make changes to our existing homeowner wind forms to comply with recent Florida law changes and to make several other changes to express policy conditions.. Overview of Changes The changes include but are not limited to amending the appraisal condition, amending cancellation and nonrenewal conditions to comply with recent Florida statute 627.4133 and incorporating recent Insurance Services Office, Inc. changes to the water damage exclusion. The proposed forms also include, where applicable to each form, those changes as requested by you under a companion form filing 09-07326. HW 00 02, HW 00 04 and HW 00 06 Policies;

Mediation or Appraisal Pursuant to your email of May 18, 2009 concerning changes to the appraisal condition to comply with Section 624.155, Florida Statutes, we amended the Mediation Or Appraisal condition. While Citizens does not agree with all the reasons proffered by your office in support of your position that Citizens must amend the “Appraisal” language in its policy forms, Citizens offers the amended “Appraisal” provision language in compliance with your request.

The changes read as follows:

b. Appraisal. If you and we fail to agree on the amount of loss, either may request an appraisal of the loss by presenting the other party with a written request for appraisal of the amount of loss. If the other party agrees in writing to participate in appraisal, then appraisal shall proceed pursuant to the terms of a written agreement between the parties.

Additionally, we amended the beginning of mediation part of the condition to read:

a. Mediation. If there is a dispute with respect to a claim under this policy, you or we may demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services.

Duties After Loss

The Duties After Loss provision is amended to provide an option to require examination under oath and recorded statements for all property claims. When the insured is an association or corporation, the amended provision also requires that certain representatives must submit to examination under oath and recorded statements.

Citizens Property Insurance Corporation Personal Residential – Wind Filing Memorandum

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Water Damage Exclusion

We are adopting changes approved under companion form filing 09-07326. As discussed with you on May 20 and 21, 2009 under a companion filing 09-07326, we have retained the text “including storm surge” in paragraph (1) of our water damage exclusion to match ISO

Earth Movement Exclusion The earth movement and settlement exclusion is amended to more explicitly express earth movement arising from the condition of “scouring” is not covered.

Cancellation and Nonrenewal Changes We have amended the cancellation and nonrenewal clauses in the proposed homeowner wind policies to provide the 180 day noticing requirements when a policy has been a renewal with us for five years, pursuant to Florida statute 627.4133.

Increased Loss Assessment Coverage The loss assessment amount of $1,000 currently indicated in the condominium unit owner policy HW 00 06 is amended to $2,000, rather than utilizing an endorsement to provide the statutory minimum limit of $2,000.

Our Option The Our Option condition is amended to comply with recent 2009 changes to Section 627.7011 Florida statute – Homeowners’ policies; offer of replacement cost coverage and law and ordinance coverage which is amend to include:

(7) This section does not prohibit an insurer from exercising its right to repair damaged property in compliance with its policy and s. 627.702(7).

Increased Loss Assessment Coverage, Endorsement HW 04 35 As a result of the change to the loss assessment limit in the HW 00 06 policy (e.g. to $2,000), we amended the loss assessment endorsement HW 04 35 01 10 to reflect the following. 1. Current practice of using for HW 00 06 loss assessment amount of $2,000 is discontinued (e.g.

$2,000 built into base policy). The endorsement is used for HW 00 06 only when the applicant/policyholder elects $3,000 loss assessment. Citizens’ current practice of utilizing the endorsement for HW 00 02 continues as is (e.g. use for both $2,000 & $3,000 elected limits of loss assessment).

2. A grammatical edit to form reference is made. 3. The name of the endorsement is changed. Residual Market Special Provisions – Florida Endorsement HW 01 10 01 10 Numeric change to a referenced clause of the policy is made. Reformatted the reference to Florida statutes.

Other Copies of the policies and endorsements with amended text highlighted and in a strike and delete format are provided so that you may view the changes.

Citizens Property Insurance Corporation Personal Residential – Wind Filing Memorandum

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Implementation

This filing is submitted under “prior approval”. The proposed effective date is January 1, 2010 for new and January 1, 2010 for renewal business.

POLICY NUMBER: HOMEOWNERS HW 01 10 019 1008

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HW 01 10 019 1008 Includes copyrighted material of Insurance Services Office, Inc., with its permission

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RESIDUAL MARKET SPECIAL PROVISIONS - FLORIDA

Under the AGREEMENT section of your policy, the following is added:

This policy is issued on behalf of the Citizens Property Insurance Corporation and, by acceptance of this policy you agree: 1. That the statements in the Application(s) are

your representations; 2. That this policy is issued in reliance upon the

truth of those representations; 3. That this policy embodies all agreements

existing between you and the Citizens Property Insurance Corporation relating to this policy.

Under the CONDITIONS section of your policy, paragraph 54. of Condition U. Cancellation is deleted and replaced with: (This is Condition T. in HW 00 04)

4.5. If this policy is cancelled by you, or the amount of insurance is reduced at your or your agents request, the amount of premium we return for the period from the date of cancellation to the expiration date is determined as follows: a. Pro rata, if no coverage existed from June

1 to November 30 of any 1 year policy term; or

b. Pro rata, if coverage existed from June 1 to November 30 of any 1 year policy term; and: (1) Similar insurance on the covered

property is written with another insurer;

(2) Property is sold or moved from Citizens statutorily defined insuring areas (Section 627.351(6), Florida Statutes);

(3) Insured is deceased; (4) Property is demolished; (5) Property goes out of business or is

foreclosed upon; or c. A percentage of the total premium if:

(1) Coverage existed at any time during the period of June 1 to November 30 and

(2) Conditions b.(1) through b.(5) above do not apply; or

(3) Insurance on the covered property is replaced with less than a full annual term policy.

The percentage of the total premium returned is determined as follows: Number of Days Percentage of

Policy Is In Force Premium Returned 1 to 180 20% 181 to 210 15% 211 to 240 10% 241 to 270 7.5% 271 to 300 5.0% 301 to 330 2.5% 331 to 365 0.0%

Under the CONDITIONS section of your policy, the following is added to Condition V. Nonrenewal: (This is Condition U. in HW 00 04)

Depopulation Provisions: (Sections 627.351(6)(C) 11 and 12, Florida Statutes): a. Under this provision, the Citizens Property

Insurance Corporation (“Citizens”) may nonrenew this policy under the following conditions: (1) If we or the Florida Market Assistance

Program obtain an offer from an authorized insurer to cover your property described in the Declarations Page(s), at its approved rates, we may nonrenew your policy, except as otherwise provided in subsection Florida law627.351(6).

(2) Your policy may be replaced by a policy that may not provide coverage identical to the coverage provided by Citizens.

(3) Acceptance of Citizens coverage by you creates a conclusive presumption that you are aware of this potential.

In accordance with Section 627.4131, Florida Statutes, your agent’s phone number is listed in your Declarations page(s) so you may inquire about your insurance. The following is added to your policy:

IN WITNESS WHEREOF, Citizens Property Insurance Corporation has executed and attested these presents. Citizens Property Insurance Corporation

All other provisions of this policy apply.




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INCREASED LOSS ASSESSMENT COVERAGE AND CHANGES TO HW 00 06 IMPROVEMENTS OR ADDITIONS

1. Loss Assessment – Forms HW 00 02 and HW 00 06 In Forms HW 00 02 and HW 00 06, Additional Coverage 5. Loss Assessment paragraph E.5.a. is deleted and replaced with the following: a. We will pay up to the total limit of loss

assessment shown in your Declarations for your share of loss assessment charged during the policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners.

(This is Additional Coverage D.5.a. in Form HW 00 06); In Forms HW 00 02 and HW 00 06, Additional Coverage 5. Loss Assessment paragraph E.5.c. is deleted and replaced with the following: c. The limit shown in your Declarations is the most

we will pay with respect to any one loss, regardless of the number of assessments.

(This is Additional Coverage D.5.c. in Form HW 00 06);

2. Special Limit In Form HW 00 02: With respect to any one loss, $1,000 is the most we will pay of your loss assessment that results from a deductible in the policy of insurance purchased by a corporation or association of property owners regardless of the number assessments. In Form HW 00 06: With respect to any one loss, $2,000 is the most we will pay of your loss assessment, per unit, that results from a deductible in the policy of insurance purchased by a corporation or association of property owners regardless of the number of assessments.

3. Deductible In Form HW 00 06 Additional Coverage 5. Loss Assessment paragraph D.5.d. is deleted and replaced with the following: No deductible applies to this coverage.

4. COVERAGE A - Dwelling

In Form HW 00 06 the following is added to PROPERTY COVERAGES A.1. - Coverage A -Dwelling: We cover all improvements or additions to the condominium property that benefits you and fewer than all unit owners.

5. Other Insurance In Form HW 00 06, CONDITION F. – Other Insurance And Service Agreement is deleted and replaced with the following: F. Other Insurance And Service Agreement

If, at the time of loss, there is other insurance under any other policy or a service agreement covering the same property covered by this policy, this insurance will be excess over the amount recoverable under such other insurance or service agreement. However: 1.If a loss covered by this policy is covered by

other insurance covering the same property and such other insurance is excess insurance over the amount recoverable under any other policy covering the same property; we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of such insurance covering the loss.

2.If a loss covered by this policy is covered by other insurance covering the same property, property of the type that benefits fewer than all unit owners, but more than one unit owner; we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of such insurance covering the loss.

Service agreement means a service plan, property restoration plan, home warranty or other similar service warranty agreement, even if it is characterized as insurance.


HW 00 02 01 10 Homeowners 2 – Wind Only Form Flesch Reading Ease Score: Pursuant to 627.4145, Citizens form HW 00 02 01 10 scores as follows:

HW 00 04 01 10 Homeowners 4 -Contents Wind Only Form Flesch Reading Ease Score: Pursuant to 627.4145, Citizens form HW 00 04 0 10 scores as follows:

HW 00 06 01 10 Homeowners 6 Unit-Owners Wind Only Form Flesch Reading Ease Score: Pursuant to 627.4145, Citizens form HW 00 06 01 10 scores as follows:

CR-W Condominium FLESCH Scores

HW 01 10 01 10 Residual Market Special Provisions - Florida Flesch Reading Ease Score: Pursuant to 627.4145, Citizens form HW 01 10 01 10 scores as follows:

Pursuant to Florida Statute 627.4145(5)(f)1., the endorsement is scored as part of the policy in the scoring process of the Flesch Reading Ease test.

HW 04 35 01 10 Increased Loss Assessment Coverage Flesch Reading Ease Score: Pursuant to 627.4145, Citizens form HW 04 35 01 10 scores as follows:

Pursuant to Florida Statute 627.4145(5)(f)1., the endorsement is scored as part of the policy in the scoring process of the Flesch Reading Ease test.

HOMEOWNERS HW 00 02 01 10


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HOMEOWNERS 2 – WIND ONLY FORM

TABLE OF CONTENTS GENERAL Agreement 1 Definitions 1 Deductible 2 PROPERTY COVERAGES Coverage A - Dwelling 2 We Do Not Cover 2 Coverage B - Other Structures 2 We Do Not Cover 2 Coverage C - Personal Property 3 Special Limits Of Liability 3 Property Not Covered 4 Coverage D - Loss Of Use 5 ADDITIONAL COVERAGES Debris Removal 5 Reasonable Repairs 5 Fire Department Service Charge 6 Property Removed 6 Loss Assessment 6 Glass Or Safety Glazing Material 6 Landlord’s Furnishings 6 Ordinance Or Law 6 Grave Markers 7 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 7 PERIL INSURED AGAINST Peril Insured Against 8 EXCLUSIONS Ordinance Or Law 8 Earth Movement And Settlement 8 Water Damage 8 Power Failure 9 Neglect 9 War 9 Nuclear Hazard 9

Intentional Loss 9 Governmental Action 9 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 9 Wear, Tear, Marring And Deterioration 9 Inherent Vice, Latent Defect And Mechanical Breakdown 9 Existing Damage 9 Exterior Paint Or Waterproofing 9 Coastal Construction Control Line Exclusion 10 CONDITIONS Insurable Interest And Limit of Liability 10 Duties After Loss 10 Loss Settlement 10 Loss To A Pair Or Set 11 Mediation Or Appraisal 11 Other Insurance And Service Agreement 12 Suit Against Us 12 Our Option 12 Loss Payment 12 Abandonment Of Property 12 Mortgage Clause 12 No Benefit To Bailee 13 Nuclear Hazard Clause 13 Recovered Property 13 Policy Period 13 Concealment Or Fraud 13 Loss Payable Clause 13 Adjustment To Property Coverage Limits 13 Liberalization Clause 13 Waiver Or Change Of Policy Provisions 14 Cancellation 14 Nonrenewal 15 Renewal Notification 15 Assignment 15 Subrogation 15 Death 15



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HOMEOWNERS 2 – WIND ONLY FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the "named

insured" shown in the Declarations and the spouse if a resident of the same household. "We", "us" and "our" refer to the Company providing this insurance.

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

1. "Business" means: a. A trade, profession or occupation engaged

in on a full-time, part-time or occasional basis; or

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

(1) One or more activities, not described in (2) through (4) below, for which no "insured" receives more than $2,000 in total compensation for the 12 months before the beginning of the policy period;

(2) Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity;

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

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

2. "Fungi" means any type or form of fungus, including mold or mildew, and any mycotoxins, toxins, spores, scents or by-products produced or released by fungi.

3. "Insured" means: a. You and residents of your household who

are: (1) Your relatives; or (2) Other persons under the age of 21 and

in the care of any person named above;

b. A student enrolled in school full time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is under the age of:

(1) 24 and your relative; or (2) 21 and in your care or the care of a

person described in a.(1) above; When the word an immediately precedes the word "insured", the words an "insured" together mean one or more "insureds".

4. "Motor vehicle" means: a. A self-propelled land or amphibious

vehicle; or b. Any trailer or semitrailer which is being

carried on, towed by or hitched for towing by a vehicle described in a. above.

5. "Residence employee" means: a. An employee of an "insured", or an

employee leased to an "insured" by a labor leasing firm, under an agreement between an "insured" and the labor leasing firm, whose duties are related to the maintenance or use of the "residence premises", including household or domestic services; or

b. One who performs similar duties elsewhere not related to the "business" of an "insured".

A "residence employee" does not include a temporary employee who is furnished to an "insured" to substitute for a permanent "residence employee" on leave or to meet seasonal or short-term workload conditions.

6. "Residence premises" means: a. The one family dwelling where you reside; b. The two, three or four family dwelling

where you reside in at least one of the family units; or

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

and which is shown as the "residence premises" in the Declarations. "Residence premises" also includes other structures and grounds at that location.

of 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission

HW 00 02 01 10

DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations. PROPERTY COVERAGES A. Coverage A – Dwelling 1. We cover: a. The dwelling on the "residence premises"

shown in the Declarations, including structures attached to the dwelling; and

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

2. We do not cover: a. Awnings; b. Bridges, boardwalks, trestles, catwalks,

dune walks, roadways, driveways, courts, pads, or paved or graveled surfaces attached to the dwelling.

However, we do cover decks, walkways and patios attached to the dwelling which are designed to provide egress to the dwelling;

c. Land, including land on which the dwelling is located;

d. Plumbing, water or lift pumps in the open. However, we do cover plumbing, water or

lift pumps permanently installed, located on the “residence premises” and designed to service the dwelling;

e. Radio and television transmitting or receiving antennas and aerials, satellite dishes, including their lead-in wiring, masts or towers and supports.

However, we do cover solar paneling and other similar water heating and electrical apparatus, including lead-in pipes, wiring, masts or towers and their supports when permanently installed, located on the “residence premises” and designed to service the dwelling;

f. Ramps, unless attached to the dwelling and designed to provide egress for the handicapped;

g. Signs, steeples and utility poles, including their light fixtures.

However, we do cover utility poles permanently installed, located on the “residence premises”, owned by an “insured” and designed to provide electrical service to the dwelling;

h. Thatch, grass, palm, lattice, slat and similar material roofed, sided or covered structures; or

i. Windmills, wind pumps, silos and smokestacks.

B. Coverage B – Other Structures 1. We cover other structures on the "residence

premises" set apart from the dwelling by clear space.

This includes structures connected to the dwelling by only a fence, utility line, or similar connection.

2. We do not cover: a. Amusement equipment in the open; b. Awnings; c. Bridges, boardwalks, trestles, catwalks,

dune walks, roadways, driveways, courts, pads, or paved or graveled surfaces not attached to the dwelling;

d. Decks, walkways and patios not attached to the dwelling;

e. Fountains, statuary and monuments; f. Land, including land on which the other

structures are located; g. Lawn sprinkling systems; h. Other structures rented or held for rental to

any person not a tenant of the dwelling, unless used solely as a private garage;

i. Other structures from which any "business" is conducted;

j. Other structures used to store "business" property.

However, we do cover a structure that contains "business" property solely owned by an "insured" or a tenant of the dwelling provided that "business" property does not include gaseous or liquid fuel, other than fuel in a permanently installed fuel tank of a vehicle or craft parked or stored in the structure;

k. Pilings, piers, boathouses, beach or diving platforms, seawalls, retaining walls, bulkheads, docks and wharves;


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l. Plumbing, water or lift pumps in the open. However, we do cover plumbing, water or


m. Other structures located in whole or in part over water;

n. Radio and television transmitting or receiving antennas and aerials, satellite dishes, including their lead-in wiring, masts or towers and supports.


o. Ramps, unless attached to the dwelling and designed to provide egress for the handicapped;

p. Signs, steeples and utility poles, including their light fixtures.


q. Thatch, grass, palm, lattice, slat and similar material roofed, sided or covered structures;

r. Tiki huts, chickees, gazebos, slat houses, bathhouses, pergolas and similar open sided structures, or fabric windscreens on fences;

s. Trees, shrubs, flowers, lawns, crops and other plants; or

t. Windmills, wind pumps, silos and smokestacks.

3. The limit of liability for this coverage is shown in your Declarations.

Use of this coverage does not reduce the Coverage A limit of liability.

C. Coverage C – Personal Property 1. Covered Property

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

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

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

2. Limit For Property At Other Residences Our limit of liability for personal property usually located at an "insured's" residence, other than the "residence premises", is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. However, this limitation does not apply to personal property:

a. Moved from the "residence premises" because it is being repaired, renovated or rebuilt and is not fit to live in or store property in; or

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

Paragraph 2. above does not apply when the limit of liability for Coverage C shown on your Declarations is $0.

3. Special Limits Of Liability The special limit for each category shown below is the total limit for each loss for all property in that category. These special limits do not increase the Coverage C limit of liability.

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

b. $1,500 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets, stamps, trading cards and comic books.

(1) This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists.

(2) This limit includes the cost to research, replace or restore the information from the lost or damaged material.

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

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

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


HW 00 02 01 10

f. $500 on property, away from the "residence premises", used primarily for "business" purposes.

However, this limit does not apply to loss to electronic apparatus and other property described in Categories g. and h. below.

g. $1,500 on electronic apparatus and accessories, while in or upon a "motor vehicle", but only if the apparatus is equipped to be operated by power from the "motor vehicle's" electrical system while still capable of being operated by other power sources. Accessories include antennas, tapes, wires, records, discs or other media that can be used with any apparatus described in this Category g.

h. $1,500 on electronic apparatus and accessories used primarily for "business" while away from the "residence premises" and not in or upon a "motor vehicle".

(1) The apparatus must be equipped to be operated by power from the "motor vehicle's" electrical system while still capable of being operated by other power sources.

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

i. $500 is the maximum loss payable for covered property stored in freezers or refrigerators on the “residence premises”.

4. Property Not Covered We do not cover:

a. Articles separately described and specifically insured, regardless of the limit for which they are insured, in this or other insurance;

b. Animals, birds or fish; c. Awnings; d. "Motor vehicles". (1) This includes: (a) Their accessories, equipment and

parts; or (b) Electronic apparatus and

accessories designed to be operated solely by power from the electrical system of the "motor vehicle".

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

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

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

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

(b) Designed to assist the handicapped; e. Aircraft meaning any contrivance used or

designed for flight including any parts whether or not attached to the aircraft. We do cover model or hobby aircraft not used or designed to carry people or cargo;

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

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

h. Property in an apartment regularly rented or held for rental to others by an "insured", except as provided under E.7. Landlord’s Furnishings;

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

j. "Business" data, including such data stored in:

(1) Books of account, drawings or other paper records; or

(2) Computers and related equipment. We do cover the cost of blank recording or storage media, and of prerecorded computer programs available on the retail market;

k. Credit cards, electronic fund transfer cards or access devices used solely for deposit, withdrawal or transfer of funds;

l. Water or steam; m. Personal property stored in freezers or

refrigerators located off the "residence premises"; or

n. Personal property located in whole or in part over water.


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

1. Additional Living Expense a. If a loss covered under PROPERTY

COVERAGES makes that part of the "residence premises" where you reside not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living.

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

c. In either event, the payment(s) will be limited to 24 consecutive months from the date of the covered loss.

2. Fair Rental Value a. If a loss covered under PROPERTY

COVERAGES makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in.

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


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

4. Loss Or Expense Not Covered We do not cover loss or expense due to cancellation of a lease or agreement.

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

E. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for

the removal of: (1) Debris of covered property if a Peril

Insured Against that applies to the damaged property causes the loss; or

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

This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit is available for such expense.

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

(1) Your tree(s) felled by a Peril Insured Against; or

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

provided the tree(s): (1) Damage(s) a covered structure; or (2) Does not damage a covered structure,

but: (a) Block(s) a driveway on the

"residence premises" which prevent(s) a "motor vehicle", that is registered for use on public roads or property, from entering or leaving the "residence premises"; or

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

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

2. Reasonable Repairs a. We will pay the reasonable cost incurred by

you for the necessary measures taken solely to protect covered property that is damaged by a Peril Insured Against from further damage.


HW 00 02 01 10

b. If the measures taken involve repair to other damaged property, we will only pay if that property is covered under this policy and the damage is caused by a Peril Insured Against.

This coverage does not: (1) Increase the limit of liability that applies

to the covered property; or (2) Relieve you of your duties, in case of a

loss to covered property, described in B.2. under CONDITIONS.

3. Fire Department Service Charge a. We will pay up to $500 for your liability

assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against.

b. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnishing the fire department response.

c. This coverage is additional insurance. No deductible applies to this coverage.

4. Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit of liability that applies to the property being removed.

5. Loss Assessment a. We will pay up to $1,000 for your share of

loss assessment charged during the policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners.

b. The assessment must be made as a result of direct loss to property, owned by all members collectively, of the type that would be covered by this policy if owned by you, caused by a Peril Insured Against.

c. The limit of $1,000 is the most we will pay with respect to any one loss, regardless of the number of assessments.

d. We will only apply one deductible, per unit, to the total amount of any one loss to the property described above, regardless of the number of assessments.

e. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body.

f. Paragraph O. Policy Period under CONDITIONS does not apply to this coverage.

This coverage is additional insurance. 6. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing

material which is part of a covered building, storm door or storm window;

(2) The direct physical loss to covered property caused solely by the pieces, fragments or splinters of broken glass or safety glazing material which is part of a building, storm door or storm window.

b. This coverage does not include loss to covered property which results because the glass or safety glazing material has been broken, except as provided in a.(2) above.

This coverage does not increase the limit of liability that applies to the damaged property.

7. Landlord's Furnishings a. We will pay up to $2,500 for your

appliances, carpeting and other household furnishings, in each apartment on the "residence premises" regularly rented or held for rental to others by an "insured", for loss caused by a Peril Insured Against.

b. This limit is the most we will pay in any one loss regardless of the number of appliances, carpeting or other household furnishings involved in the loss.

c. This coverage does not increase the limit of liability applying to the damaged property.

8. Ordinance Or Law a. You may use up to 25% of the limit of

liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates:

(1) The construction, demolition, remodeling, renovation or repair of that part of a covered building or other structure damaged by a Peril Insured Against;


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(2) The demolition and reconstruction of the undamaged part of a covered building or other structure, when that building or other structure must be totally demolished because of damage by a Peril Insured Against to another part of that covered building or other structure; or

(3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, repair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against.

b. You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from the construction, demolition, remodeling, renovation, repair or replacement of property as stated in a. above.

c. We do not cover: (1) The loss in value to any covered

building or other structure due to the requirements of any ordinance or law; or

(2) The costs to comply with any ordinance or law which requires any "insured" or others, to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

This coverage is additional insurance. 9. Grave Markers

We will pay up to $5,000 for grave markers, including mausoleums, on or away from the "residence premises" for loss caused by a Peril Insured Against. This coverage does not increase the limits of liability that apply to the damaged covered property.

10. "Fungi", Wet Or Dry Rot, Yeast Or Bacteria a. We will pay up to $10,000 for: (1) The total of all loss payable under

PROPERTY COVERAGES caused by "fungi", wet or dry rot, yeast or bacteria;

(2) The cost to remove "fungi", wet or dry rot, yeast or bacteria from property covered under PROPERTY COVERAGES;

(3) The cost to tear out and replace any part of the building or other covered property as needed to gain access to the "fungi", wet or dry rot, yeast or bacteria; and

(4) The cost of testing of air or property to confirm the absence, presence or level of "fungi", wet or dry rot, yeast or bacteria whether performed prior to, during or after removal, repair, restoration or replacement.

The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", wet or dry rot, yeast or bacteria.

b. The coverage described in a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at and after the time a Peril Insured Against occurred.

c. $10,000 is the most we will pay for the total of all loss or costs payable, including Loss of Use under this Additional Coverage regardless of the:

(1) Number of locations insured; or (2) Number of occurrences or claims made;

or (3) Number of “insureds”. d. If there is covered loss or damage to

covered property, not caused, in whole or in part, by "fungi", wet or dry rot, yeast or bacteria, loss payment will not be limited by the terms of this Additional Coverage, except to the extent that "fungi", wet or dry rot, yeast or bacteria causes an increase in the loss or any Loss of Use.

Any such increase in the loss or Loss of Use will be subject to the terms of this Additional Coverage.

This coverage does not increase the limit of liability applying to the damaged covered property.


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PERIL INSURED AGAINST 1. We insure for direct physical loss to the property

described in Coverages A, B and C caused only by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS.

2. With respect to paragraph 1. above, coverage for loss caused by a Peril Insured Against includes loss to: a. Watercraft of all types and their trailers,

furnishings, equipment, and outboard engines or motors, only while inside a fully enclosed building.

b. The inside of a building or the property we cover contained in a building caused by: (1) Rain; (2) Snow; (3) Sleet; (4) Hail; (5) Sand; or (6) Dust; if the direct force of the windstorm or hail first damages the building, causing an opening through which the rain, snow, sleet, hail, sand or dust enters and causes damage.

EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 1. Ordinance Or Law

Ordinance or Law means any ordinance or law: a. Requiring or regulating the construction,

demolition, remodeling, renovation or repair of property, including removal of any resulting debris.

This Exclusion 1. does not apply to the amount of coverage that may be provided for in E.8. Ordinance Or Law under PROPERTY COVERAGES;

b. The requirements of which result in a loss in value to property; or

c. Requiring any "insured" or others to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove;

(5) Contain; (6) Treat; (7) Detoxify; (8) Neutralize; or (9) In any way respond to, or assess the

effects of, pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor; (3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed.

This Exclusion 1. applies whether or not the property has been physically damaged.

2. Earth Movement And Settlement Earth Movement and Settlement means:

a. Earthquake, including land shock waves or tremors before, during or after a volcanic eruption;

b. Landslide, mudslide or mudflow; c. Clay shrinkage or other expansion or

contraction of soils or organic materials; d. Settling, cracking or expansion of foundations; e. Subsidence, sinkhole loss, catastrophic

ground cover collapse, sinkhole activity; f. Any other earth movement including earth

sinking, rising or shifting; or g. Scouring;

Whether caused by or resulting from human or animal forces or any act of nature.

3. Water Damage Water Damage means:

a. Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, storm surge, wave wash, overflow of any body of water, or spray from any of these, all whether or not driven by wind including storm surge;

b. Water which: (1) Backs up through sewers or drains; or

(2) Overflows or is otherwise discharged from a sump, sump pump or related equipment;


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c. Water below the surface of the ground, including water which exerts pressure on or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or

d. Waterborne material carried or otherwise moved by any of the water referred to in 3.a. through 3.c. of this Exclusion.

This Exclusion 3. applies regardless of whether any of the above in 3.a. through 3.d. is caused by or resulting from human or animal forces or any act of nature. This Exclusion 3. applies to, but is not limited to, escape, overflow or discharge, for any reason, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system.

4. Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss.

5. Neglect Neglect means neglect of an "insured" to use all reasonable means to save and preserve property at and after the time of a loss.

6. War War includes the following and any consequence of any of the following:

a. Undeclared war, civil war, insurrection, rebellion or revolution;

b. Warlike act by a military force or military personnel; or

c. Destruction, seizure or use for a military purpose.

Discharge of a nuclear weapon will be deemed a warlike act even if accidental.

7. Nuclear Hazard This Exclusion 7. pertains to Nuclear Hazard to the extent set forth in M. Nuclear Hazard Clause under CONDITIONS.

8. Intentional Loss Intentional Loss means any loss arising out of any act an "insured" commits or conspires to commit with the intent to cause a loss. In the event of such loss, no "insured" is entitled to coverage, even "insureds" who did not commit or conspire to commit the act causing the loss.

9. Governmental Action Governmental Action means the destruction, confiscation or seizure of property described in Coverage A, B or C by order of any governmental or public authority.

10."Fungi", Wet Or Dry Rot, Yeast Or Bacteria "Fungi", Wet Or Dry Rot, Yeast Or Bacteria meaning the presence, growth, proliferation, spread or any activity of "fungi", wet or dry rot, yeast or bacteria. This Exclusion 10. does not apply: a. To the extent coverage is provided for in 10.

"Fungi", Wet Or Dry Rot, Yeast Or Bacteria Additional Coverage under PROPERTY COVERAGES with respect to loss caused by a Peril Insured Against.

Direct loss by a Peril Insured Against resulting from "fungi", wet or dry rot, yeast or bacteria is covered.

11.Wear, Tear, Marring And Deterioration This policy does not include loss caused by wear, tear, marring and deterioration.

12. Inherent Vice, Latent Defect And Mechanical Breakdown This policy does not include loss caused by inherent vice, latent defect or mechanical breakdown.

13.Existing Damage Existing Damage means: a. Damages which occurred prior to policy

inception regardless of whether such damages were apparent at the time of the inception of this policy or discovered at a later date; or

b. Claims or damages arising out of workmanship, repairs and/or lack of repairs arising from damage which occurred prior to policy inception.

This Exclusion 13. does not apply in the event of a total loss caused by a Peril Insured Against.

14.Exterior Paint Or Waterproofing Coverage for any building or structure under this policy excludes loss caused by a Peril Insured Against to paint or waterproofing material, including stain, applied to the exterior of the building or structure.


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15.Coastal Construction Control Line Exclusion The policy does not cover the amount of loss, if any, in excess of the actual cost of repair or replacement of the property where said excess is due to restrictions on reconstruction of coastal dwellings and buildings located within the coastal construction code zones established pursuant to Florida Statutes 161.052 and 161.053, as presently existing or hereafter amended.

CONDITIONS A. Insurable Interest And Limit Of Liability

Even if more than one person has an insurable interest in the property covered, we will not be liable in any one loss:

1. To an "insured" for more than the amount of such "insured's" interest at the time of loss; or

2. For more than the applicable limit of liability. B. Duties After Loss

You must see that the following are done in the event of loss or damage to covered property:

1. Give prompt notice to us or our agent; 2. Protect the property from further damage. If

repairs to the property are required, you must: a. Make reasonable and necessary repairs to

protect the property; and b. Keep an accurate record of repair

expenses; 3. Cooperate with us in the investigation of a

claim; 4. Prepare an inventory of damaged personal

property showing the: a. Quantity; b. Description; c. Actual cash value; and d. Amount of loss. Attach all bills, receipts and related documents

that justify the figures in the inventory; 5. As often as we reasonably require: a. Show the damaged property; b. Provide us with records and documents we

request and permit us to make copies; c. You, any “insured” and any one you hire in

connection with your claim, must: (1) Submit to examinations under oath and

recorded statements, while not in the presence of any other "insured"; and

(2) Sign the same; and

d. If you are an association, corporation or other entity; any members, officers, directors, partners or similar representatives of the association, corporation or other entity and anyone you hire in connection with your claim; must:

(1) Submit to examinations under oath and recorded statements, while not in the presence of any other "insured"; and

(2) Sign the same. e. Representations made by any of the

preceding persons who appear in the examinations under oath and/or recorded statements will be deemed to be your representations.

6. Send to us, within 60 days after our request, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief:

a. The time and cause of loss; b. The interests of all "insureds" and all others

in the property involved and all liens on the property;

c. Other insurance which may cover the loss; d. Changes in title or occupancy of the

property during the term of the policy; e. Specifications of damaged buildings and

detailed repair estimates; f. The inventory of damaged personal

property described in 4. above; g. Receipts for additional living expenses

incurred and records that support the fair rental value loss.

C. Loss Settlement In this Condition C., the terms "cost to repair or replace" and "replacement cost" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in E.8. Ordinance Or Law under PROPERTY COVERAGES. Covered property losses are settled as follows:

1. Property of the following types: a. Personal property; b. Carpeting, household appliances and

outdoor equipment, whether or not attached to buildings;

c. Structures that are not buildings; and d. Grave markers, including mausoleums;

at actual cash value at the time of loss but not more than the amount required to repair or replace.


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2. Buildings covered under Coverage A or B at replacement cost without deduction for depreciation, subject to the following:

a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immediately before the loss, we will pay the cost to repair or replace, after application of any deductible and without deduction for depreciation, but not more than the least of the following amounts:

(1) The limit of liability under this policy that applies to the building;

(2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or

(3) The necessary amount to repair or replace the damaged building.

If the building is rebuilt at a new premises, the cost described in (2) above is limited to the cost which would have been incurred if the building had been built at the original premises.

b. If, at the time of loss, the amount of insurance in this policy on the damaged building is less than 80% of the full replacement cost of the building immediately before the loss, we will pay the greater of the following amounts, but not more than the limit of liability under this policy that applies to the building:

(1) The actual cash value of that part of the building damaged; or

(2) That proportion of the cost to repair or replace, after application of any deductible and without deduction for depreciation, that part of the building damaged, which the total amount of insurance in this policy on the damaged building bears to 80% of the replacement cost of the building.

c. To determine the amount of insurance required to equal 80% of the full replacement cost of the building immediately before the loss, do not include the value of:

(1) Excavations, footings, foundations, piers, or any other structures or devices that support all or part of the building, which are below the undersurface of the lowest basement floor;

(2) Those supports described in (1) above which are below the surface of the ground inside the foundation walls, if there is no basement; and

(3) Underground flues, pipes, wiring and drains.

D. Loss To A Pair Or Set In case of loss to a pair or set we may elect to:

1. Repair or replace any part to restore the pair or set to its value before the loss; or

2. Pay the difference between actual cash value of the property before and after the loss.

E. Mediation Or Appraisal 1. Mediation. If there is a dispute with respect to

a claim under this policy, you or we may demand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services.

a. The loss amount must be $500 or more, prior to application of the deductible; or there must be a difference of $500 or more between the loss settlement amount we offer and the loss settlement amount that you request.

b. The settlement in the course of the mediation is binding only if:

(1) Both parties agree, in writing, on a settlement; and

(2) You have not rescinded the settlement within 3 business days after reaching settlement.

c. You may not rescind the settlement after cashing or depositing the settlement check or draft we provided to you.

d. We will pay the cost of conducting any mediation conference except when you fail to appear at a conference. That conference will then be rescheduled upon your payment of the mediator’s fee for that rescheduled conference.

e. However, if we fail to appear at a mediation conference, we will pay:

(1) Your actual cash expenses incurred while attending the conference; and

(2) Also pay the mediator’s fee for the rescheduled conference.


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2. Appraisal. If you and we fail to agree on the amount of loss, either may request an appraisal of the loss by presenting the other party with a written request for appraisal of the amount of loss. If the other party agrees in writing to participate in appraisal, then appraisal shall proceed pursuant to the terms of a written agreement between the parties.

F. Other Insurance And Service Agreement If a loss covered by this policy is also covered by:

1. Other insurance, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss; or

2. A service agreement, this insurance is excess over any amounts payable under any such agreement.


G. Suit Against Us No action can be brought against us unless:

1. There has been full compliance with all of the terms under this policy; and

2. The action is started within 5 years after the date of loss.

H. Our Option 1. We may, at our option, repair or replace any

covered part or item of the damaged property with material or property of like kind and quality.

2. If an identical replacement is not available, we may, at our option, substitute replacement of equal or greater features and functions of the damaged property.

I. Loss Payment We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment. Loss will be payable:

1. 20 days after we receive your proof of loss and reach written agreement with you; or

2. 60 days after we receive your proof of loss and:

a. There is an entry of a final judgment; or b. There is a filing of an appraisal award or a

mediation settlement with us. 3. Within 90 days after we receive the notice of a

property insurance claim from you, where we shall pay or deny such claim or portion of such claim, unless there are circumstances beyond our control which reasonably prevent such payment.

However, our failure to comply with this subsection shall not form the sole basis for a private cause of action against us.

J. Abandonment Of Property We need not accept any property abandoned by an "insured".

K. Mortgage Clause The word "mortgagee" includes trustee and lienholder.

1. If a mortgagee is named in this policy, any loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear.

If more than one mortgagee is named, the order of payment will be the same as the order of precedence of the mortgages.

2. If we deny your claim, that denial will not apply to a valid claim of the mortgagee, if the mortgagee:

a. Notifies us of any change in ownership, occupancy or substantial change in risk of which the mortgagee is aware;

b. Pays any premium due under this policy on demand if you have neglected to pay the premium; and

c. Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so. Paragraphs E. Mediation Or Appraisal, G. Suit Against Us and I. Loss Payment under CONDITIONS also apply to the mortgagee.

3. If we decide to cancel or not to renew this policy, the mortgagee will be notified at least 10 days before the date cancellation or nonrenewal takes effect.


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4. If we pay the mortgagee for any loss and deny payment to you:

a. We are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or

b. At our option, we may pay to the mortgagee the whole principal on the mortgage plus any accrued interest.

In this event, we will receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt.

5. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim.

L. No Benefit To Bailee We will not recognize any assignment or grant any coverage that benefits a person or organization holding, storing or moving property for a fee regardless of any other provision of this policy.

M. Nuclear Hazard Clause 1. "Nuclear Hazard" means any nuclear reaction,

radiation, or radioactive contamination, all whether controlled or uncontrolled or however caused, or any consequence of any of these.

2. Loss caused by the nuclear hazard will not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the Peril Insured Against.

3. This policy does not apply to loss caused directly or indirectly by nuclear hazard.

N. Recovered Property 1. If you or we recover any property for which we

have made payment under this policy, you or we will notify the other of the recovery.

2. At your option, the property will be returned to or retained by you or it will become our property.

3. If the recovered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property.

O. Policy Period This policy applies only to loss which occurs during the policy period.

P. Concealment Or Fraud We provide coverage to no "insureds" under this policy if, whether before or after a loss, an "insured" has:

1. Intentionally concealed or misrepresented any material fact or circumstance;

2. Engaged in fraudulent conduct; or 3. Made false statements;

relating to this insurance. Q. Loss Payable Clause

If the Declarations show a loss payee for certain listed insured personal property, the definition of "insured" is changed to include that loss payee with respect to that property. If we decide to cancel or not renew this policy, that loss payee will be notified in writing.

R. Adjustment to Property Coverage Limits If your policy is a renewal with us, the limit of liability for Coverages A, B, C and D may be adjusted. Any change in the limits of liability indicated above does not, in any way, represent, warrant, or guarantee to any person or entity, that:

1. These adjustments will keep pace with inflation; or

2. The amounts of coverage are adequate to repair or rebuild any specific building or structure.

S. Liberalization Clause If we make a change which broadens coverage under this edition of our policy without additional premium charge, that change will automatically apply to your insurance as of the date we implement the change, provided that this implementation date falls within 60 days prior to or during the policy period stated in the Declarations. This Liberalization Clause does not apply to changes implemented with a general program revision that includes both broadenings and restrictions in coverage, whether that general program revision is implemented through introduction of:

1. A subsequent edition of this policy; or 2. An amendatory endorsement.


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T. Waiver Or Change Of Policy Provisions A waiver or change of a provision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights.

U. Cancellation 1. You may cancel this policy at any time by

returning it to us or by letting us know in writing of the date cancellation is to take effect.

2. When you have not paid the premium, we may cancel at any time by letting you know at least 10 days before the date the cancellation takes effect.

3. When this policy has been in effect for 90 days or less,

a. We may cancel immediately if there has been:

(1) A material misstatement or misrepresentation; or

(2) Failure to comply with underwriting requirements.

b. We may also cancel this policy subject to the following provisions. A written cancellation notice, together with specific reasons for cancellation, will be delivered to you, or mailed to you at your mailing address shown in the Declarations. Proof of mailing will be sufficient proof of notice. We may cancel for any reason, except we may not cancel:

(1) On the basis of property insurance claims that are the result of an Act of God, unless we can demonstrate, by claims frequency or otherwise, that the "insured" has failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; or

(2) On the basis of a single claim which is a result of water damage, unless we can demonstrate that the “insured” has failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property.

c. Except as provided in Paragraphs U.2. and U.3.a. above, we will let you know of our action at least:

(1) 180 days before the date cancellation takes effect when your residential structure has been insured by us for at least a 5 year period immediately prior to the date of the written notice; or

(2) At least 20 days before the date cancellation takes effect in all other cases.

4. When this policy has been in effect for more than 90 days, we may cancel:

a. If there has been a material misstatement; b. If the risk has changed substantially since

the policy was issued; c. In the event of failure to comply with

underwriting requirements established by us within 90 days of the effective date of coverage;

d. If the cancellation is for all insureds under policies of this type for a given class of insureds.

However, we may not cancel: a. On the basis of property insurance claims

that are the result of an Act of God, unless we can demonstrate, by claims frequency or otherwise, that the "insured" has failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; or

b. On the basis of a single claim which is a result of water damage, unless we can demonstrate that the “insured” has failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property.

Except as provided in Paragraph U.2. above, we will let you know of our action at least 100 days before the date cancellation takes effect. However:

a. We shall give at least 100 days written notice; or

b. When required by law, written notice by June 1, whichever is earlier, for any cancellation that would be effective between June 1 and November 30; except that:

c. We shall give at least 180 days written notice before the date cancellation takes effect when your residential structure has been insured by us for at least a 5 year period immediately prior to the date of the written notice.

5. When this policy is cancelled, the premium for the period from the date of cancellation to the expiration date will be refunded pro rata.

6. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within 15 days after the date cancellation takes effect.


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V. Nonrenewal We may elect not to renew this policy. 1. We may do so by delivering to you or mailing

to you at your mailing address shown in the Declarations, written notice, together with the specific reason(s) for nonrenewal.

2. When nonrenewal is for a policy that has been assumed by an authorized insurer offering replacement or renewal coverage to you, we shall give at least 100 days written notice before the expiration of this policy.

3. For all other nonrenewals: a. We shall give at least 100 days written

notice before the expiration of this policy; or

b. When required by law, written notice by June 1, for any nonrenewal that would be effective between June 1 and November 30;

whichever is earlier; unless:

c. Your residential structure has been insured by us for at least a 5 year period immedi-ately prior to the date of the written notice for nonrenewal, then we shall give at least 180 days written notice before the date nonrenewal takes effect.

4. Proof of mailing will be sufficient proof of notice.

5. We will not nonrenew this policy: a. On the basis of property insurance claims

that are the result of an Act of God, unless we can demonstrate by claims frequency or otherwise, that the “insured” has failed to take action reasonably necessary as requested to prevent recurrence of damage to the insured property; or


W. Renewal Notification If we elect to renew this policy, we will let you know, in writing:

1. Of our decision to renew this policy; and 2. The amount of renewal premium payable to

us. This notice will be delivered to you or mailed to you at your mailing address shown in the Declarations at least 45 days before the expiration date of this policy.

X. Assignment Assignment of this policy will not be valid unless we give our written consent.

Y. Subrogation 1. An "insured" may waive in writing before a loss

all rights of recovery against any person. If not waived, we may require an assignment of rights of recovery for a loss to the extent that payment is made by us.

2. However, we waive any rights of recovery against the corporation or association of property owners of the condominium where the "residence premises" is located.

3. If an assignment is sought, an "insured" must sign and deliver all related papers and cooperate with us.

Z. Death If any person named in the Declarations or the spouse, if a resident of the same household, dies, the following apply:

1. We insure the legal representative of the deceased but only with respect to the premises and property of the deceased covered under the policy at the time of death; and

2. "Insured" includes: a. An "insured" who is a member of your

household at the time of your death, but only while a resident of the "residence premises"; and

b. With respect to your property, the person having proper temporary custody of the property until appointment and qualification of a legal representative.



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HOMEOWNERS 4 – CONTENTS WIND ONLY FORM

TABLE OF CONTENTS GENERAL Agreement 1 Definitions 1 Deductible 2 PROPERTY COVERAGES Coverage C - Personal Property 2 Special Limits Of Liability 2 Property Not Covered 2 Coverage D - Loss Of Use 3 ADDITIONAL COVERAGES Debris Removal 4 Reasonable Repairs 4 Fire Department Service Charge 4 Property Removed 4 Loss Assessment 4 Glass Or Safety Glazing Material 5 Building Additions And Alterations 5 Grave Markers 5 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 6 PERIL INSURED AGAINST Peril Insured Against 6 EXCLUSIONS Ordinance Or Law 6 Earth Movement And Settlement 7 Water Damage 7 Power Failure 7 Neglect 7 War 7 Nuclear Hazard 7 Intentional Loss 7 Governmental Action 8 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 8 Wear, Tear, Marring And Deterioration 8 Inherent Vice, Latent Defect And Mechanical Breakdown 8 Existing Damage 8 Exterior Paint Or Waterproofing 8 Coastal Construction Control Line Exclusion 8

CONDITIONS Insurable Interest And Limit of Liability 8 Duties After Loss 8 Loss Settlement 9 Loss To A Pair Or Set 9 Mediation Or Appraisal 9 Other Insurance And Service Agreement 9 Suit Against Us 9 Our Option 9 Loss Payment 10 Abandonment Of Property 10 No Benefit To Bailee 10 Nuclear Hazard Clause 10 Recovered Property 10 Policy Period 10 Concealment Or Fraud 10 Loss Payable Clause 10 Adjustment To Property Coverage Limits 10 Liberalization Clause 10 Waiver Or Change Of Policy Provisions 10 Cancellation 11 Nonrenewal 12 Renewal Notification 12 Assignment 12 Subrogation 12 Death 12



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HOMEOWNERS 4 – CONTENTS WIND ONLY FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the "named
















person described in a.(1) above; or When the word an immediately precedes the word "insured", the words an "insured" together mean one or more "insureds".

4. "Motor vehicle" means: a. A self-propelled land or amphibious vehicle;

or b. Any trailer or semitrailer which is being






6. "Residence premises" means: a. The one family dwelling where you reside; b. The two, three or four family dwelling where

you reside in at least one of the family units; or




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DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations. PROPERTY COVERAGES A. Coverage C – Personal Property 1. Covered Property
























b. Animals, birds or fish; c. Awnings;


Page 3 of 12

d. "Motor vehicles". (1) This includes: (a) Their accessories, equipment and

parts; or

(b) Electronic apparatus and accessories designed to be operated solely by power from the electrical system of the "motor vehicle".









h. Property in an apartment regularly rented or held for rental to others by an "insured";






l. Water or steam;

m. Personal property stored in freezers or refrigerators located off the "residence premises"; or

n. Property located in whole or in part over water.

B. Coverage D – Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below.

1. Additional Living Expense a. If a loss by a Peril Insured Against under

this policy to covered property or the building containing the property makes the "residence premises" not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living.











HW 00 04 01 10

C. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for















b. If the measures taken involve repair to other damaged property, we will only pay if that property is covered under this policy and the damage is caused by a Peril Insured Against. This coverage does not:

(1) Increase the limit of liability that applies to the covered property; or

(2) Relieve you of your duties, in case of a loss to covered property, described in B.2. CONDITIONS.












Page 5 of 12


f. Paragraph N. Policy Period under CONDITIONS does not apply to this coverage.


material which is part of a building, storm door or storm window, and covered as Building Additions And Alterations;




7. Building Additions And Alterations We cover under Coverage C the building improvements or installations, made or acquired at your expense, to that part of the "residence premises" used exclusively by you. The limit of liability for this coverage will not be more than 10% of the limit of liability that applies to Coverage C. However, we do not cover:

a. Amusement equipment in the open; b. Awnings; c. Bridges, boardwalks, trestles, catwalks,



e. Fountains, statuary and monuments; f. Land, including land on which the building

additions and alterations are located; g. Lawn sprinkling systems; h. Pilings, piers, boathouses, beach or diving

platforms, seawalls, retaining walls, bulkheads, docks and wharves;

i. Plumbing, water or lift pumps in the open. However, we do cover plumbing, water or


j. Property located in whole or in part over water;

k. Radio and television transmitting or receiving antennas and aerials, satellite dishes, including their lead-in wiring, masts or towers and supports.


l. Ramps, unless attached to the dwelling and designed to provide egress for the handicapped;

m. Signs, steeples and utility poles, including their light fixtures.


n. Thatch, grass, palm, lattice, slat and similar material roofed, sided or covered structures;

o. Tiki huts, chickees, gazebos, slat houses, bathhouses, pergolas and similar open sided structures, or fabric windscreens on fences.

However, we do cover screened pool enclosures and carports;

p. Trees, shrubs, flowers, lawns, crops and other plants; or

q. Windmills, wind pumps, silos and smokestacks.




HW 00 04 01 10




(3) The cost to tear out and replace any part of the building additions and alterations under C.7. Building Additions and Alterations or other covered property as needed to gain access to the "fungi", wet or dry rot, yeast or bacteria; and











described in Coverage C caused only by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS.





Ordinance Or Law means any ordinance or law: a. Requiring or regulating the construction,

demolition, remodeling, renovation or repair of property, including removal of any resulting debris;


c. Requiring any "insured" or others to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove; (5) Contain; (6) Treat; (7) Detoxify;


Page 7 of 12

(8) Neutralize; or (9) In any way respond to, or assess the

effects of, pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor; (3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed. This Exclusion 1. applies whether or not the property has been physically damaged.




contraction of soils or organic materials; d. Settling, cracking or expansion of foundations; e. Subsidence, sinkhole loss, catastrophic ground

cover collapse, sinkhole activity; f. Any other earth movement including earth

















7. Nuclear Hazard This Exclusion 7. pertains to Nuclear Hazard to the extent set forth in L. Nuclear Hazard Clause under CONDITIONS.



HW 00 04 01 10

9. Governmental Action Governmental Action means the destruction, confiscation or seizure of property described in Coverage C by order of any governmental or public authority.





12.Inherent Vice, Latent Defect And Mechanical Breakdown This policy does not include loss caused by inherent vice, latent defect or mechanical breakdown.






















(2) Sign the same; and d. If you are an association, corporation or

other entity; any members, officers, directors, partners or similar representatives of the association, corporation or other entity and anyone you hire in connection with your claim; must:


(2) Sign the same.


Page 9 of 12

e. Representations made by any of the preceding persons who appear in the examinations under oath and/or recorded statements will be deemed to be your representations.









C. Loss Settlement Covered property losses are settled at actual cash value at the time of loss but not more than the amount required to repair or replace.





















1. There has been full compliance with all of the terms of this policy; and






HW 00 04 01 10









K. No Benefit To Bailee We will not recognize any assignment or grant any coverage that benefits a person or organization holding, storing or moving property for a fee regardless of any other provision of this policy.

L. Nuclear Hazard Clause 1. "Nuclear Hazard" means any nuclear reaction,




M. Recovered Property 1. If you or we recover any property for which we




N. Policy Period This policy applies only to loss which occurs during the policy period.

O. Concealment Or Fraud We provide coverage to no "insureds" under this policy if, whether before or after a loss, an "insured" has:



relating to this insurance. P. Loss Payable Clause


Q. Adjustment to Property Coverage Limits If your policy is a renewal with us, the limit of liability for Coverages C and D may be adjusted. Any change in the limits of liability indicated above does not, in any way, represent, warrant, or guarantee to any person or entity, that:



R. Liberalization Clause If we make a change which broadens coverage under this edition of our policy without additional premium charge, that change will automatically apply to your insurance as of the date we implement the change, provided that this implementation date falls within 60 days prior to or during the policy period stated in the Declarations. This Liberalization Clause does not apply to changes implemented with a general program revision that includes both broadenings and restrictions in coverage, whether that general program revision is implemented through introduction of:

1. A subsequent edition of this policy; or 2. An amendatory endorsement. S. Waiver Or Change Of Policy Provisions

A waiver or change of a provision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights.


Page 11 of 12

T. Cancellation 1. You may cancel this policy at any time by










c. Except as provided in Paragraphs T.2. and T.3.a. above, we will let you know of our action at least:











Except as provided in Paragraph T.2. above, we will let you know of our action at least 100 days before the date cancellation takes effect. However:







HW 00 04 01 10

U. Nonrenewal We may elect not to renew this policy. 1. We may do so by delivering to you or mailing




notice before the expiration of this policy; or b. When required by law, written notice by

June 1, for any nonrenewal that would be effective between June 1 and November 30;

whichever is earlier; unless: c. Your residential structure has been insured

by us for at least a 5 year period immediately prior to the date of the written notice for nonrenewal, then we shall give at least 180 days written notice before the date nonrenewal takes effect.





V. Renewal Notification If we elect to renew this policy, we will let you know, in writing:

1. Of our decision to renew this policy; and 2. The amount of renewal premium payable to us.

This notice will be delivered to you or mailed to you at your mailing address shown in the Declarations at least 45 days before the expiration date of this policy.

W. Assignment Assignment of this policy will not be valid unless we give our written consent.

X. Subrogation 1. An "insured" may waive in writing before a loss




Y. Death If any person named in the Declarations or the spouse, if a resident of the same household, dies, the following apply:







Page i

HOMEOWNERS 6 – UNIT-OWNERS WIND ONLY FORM

TABLE OF CONTENTS GENERAL Agreement 1 Definitions 1 Deductible 1 PROPERTY COVERAGES Coverage A - Dwelling 2 We Do Not Cover 2 Coverage C - Personal Property 2 Special Limits Of Liability 3 Property Not Covered 3 Coverage D - Loss Of Use 4 ADDITIONAL COVERAGES Debris Removal 5 Reasonable Repairs 5 Fire Department Service Charge 5 Property Removed 5 Loss Assessment 5 Glass Or Safety Glazing Material 6 Ordinance Or Law 6 Grave Markers 6 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 6 PERIL INSURED AGAINST Peril Insured Against 7 EXCLUSIONS Ordinance Or Law 7 Earth Movement And Settlement 8 Water Damage 8 Power Failure 8 Neglect 8 War 8 Nuclear Hazard 8 Intentional Loss 8 Governmental Action 8 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 9 Wear, Tear, Marring And Deterioration 9 Inherent Vice, Latent Defect And Mechanical Breakdown 9 Existing Damage 9 Exterior Paint Or Waterproofing 9 Coastal Construction Control Line Exclusion 9

CONDITIONS Insurable Interest And Limit of Liability 9 Duties After Loss 9 Loss Settlement 10 Loss To A Pair Or Set 10 Mediation Or Appraisal 10 Other Insurance And Service Agreement 10 Suit Against Us 11 Our Option 11 Loss Payment 11 Abandonment Of Property 11 Mortgage Clause 11 No Benefit To Bailee 11 Nuclear Hazard Clause 12 Recovered Property 12 Policy Period 12 Concealment Or Fraud 12 Loss Payable Clause 12 Adjustment To Property Coverage Limits 12 Liberalization Clause 12 Waiver Or Change Of Policy Provisions 12 Cancellation 12 Nonrenewal 13 Renewal Notification 14 Assignment 14 Subrogation 14 Death 14


HW 00 06 01 10 Includes copyrighted material of Insurance Services Office, Inc., With its permission

Page 1 of 14

HOMEOWNERS 6 – UNIT-OWNERS WIND ONLY FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the "named
























6. "Residence premises" means the unit where you reside shown as the "residence premises" in the Declarations.

DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations.


HW 00 06 01 10

PROPERTY COVERAGES A. Coverage A – Dwelling 1. We cover: a. The alterations, appliances, fixtures and

improvements which are part of the building contained within the "residence premises";

b. Items of real property which pertain exclusively to the "residence premises";

c. All improvements or additions to the condominium property that benefits you and fewer than all unit owners;

d. Property which is your insurance responsibility under a corporation or association of property owners agreement; or

e. Structures owned solely by you, other than the "residence premises", at the location of the "residence premises".


dune walks, roadways, driveways, courts, pads, or paved or graveled surfaces not attached to the "residence premises";

d. Decks, walkways and patios not attached to the "residence premises";

e. Fountains, statuary and monuments; f. Land, including land on which the

"residence premises", real property or structures are located;

g. Lawn sprinkling systems; h. Structures rented or held for rental to any

person not a tenant of the dwelling, unless used solely as a private garage;

i. Structures from which any "business" is conducted;

j. Structures used to store "business" property.




lift pumps permanently installed, located on the “residence premises” and designed to service the "residence premises";

m. Property located in whole or in part over water;


However, we do cover solar paneling and other similar water heating and electrical apparatus, including lead-in pipes, wiring, masts or towers and their supports when permanently installed, located on the “residence premises” and designed to service the “residence premises”;

o. Ramps, unless attached to the "residence premises" and designed to provide egress for the handicapped;


However, we do cover utility poles permanently installed, located on the “residence premises”, owned by an “insured” and designed to provide electrical service to the “residence premises”;



However, we do cover screen pool enclosures and carports;



B. Coverage C – Personal Property 1. Covered Property




Page 3 of 14




























HW 00 06 01 10
















C. Coverage D – Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below.






COVERAGES makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover: The fair rental value of such premises less any expenses that do not continue while it is not fit to live in.







Page 5 of 14

D. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for






(1) Tree(s) you solely own felled by a Peril Insured Against; or


provided the tree(s) damage(s) a covered structure. The $1,000 limit is the most we will pay in any one loss regardless of the number of fallen trees. No more than $500 of this limit will be paid for the removal of any one tree. This coverage is additional insurance.





to the covered property; or

(2) Relieve you of your duties, in case of a loss to covered property, described in B.2. under CONDITIONS.










d. No deductible applies to this coverage. e. We do not cover assessments charged

against you or a corporation or association of property owners by any governmental body.

f. Paragraph O. Policy Period CONDITIONS does not apply to this coverage.

This coverage is additional insurance.


HW 00 06 01 10

6. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing

material which is part of a building, storm door or storm window and covered under Coverage A;



This coverage does not increase the limit of liability that applies to the damaged property



(1) The construction, demolition, remodeling, renovation or repair of that part of property covered under Coverage A damaged by a Peril Insured Against;

(2) The demolition and reconstruction of the undamaged part of property covered under Coverage A, when that property must be totally demolished because of damage by a Peril Insured Against to another part of that property covered under Coverage A; or

(3) The remodeling, removal or replacement of the portion of the undamaged part of property covered under Coverage A necessary to complete the remodeling, repair or replacement of that part of the property covered under Coverage A damaged by a Peril Insured Against.


c. We do not cover: (1) The loss in value to any property

covered under Coverage A due to the requirements of any ordinance or law; or

(2) The costs to comply with any ordinance or law which requires any "insured" or others, to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove; (5) Contain; (6) Treat; (7) Detoxify; (8) Neutralize; or (9) In any way respond to, or assess

the effects of, pollutants in or on any property covered under Coverage A.

Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor; (3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed.


We will pay up to $5,000 for grave markers, including mausoleums, away from the "residence premises" for loss caused by a Peril Insured Against. This coverage does not increase the limits of liability that apply to the damaged covered property.






Page 7 of 14

(4) The cost of testing of air or property to confirm the absence, presence or level of "fungi", wet or dry rot, yeast or bacteria whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", wet or dry rot, yeast or bacteria.

b. The coverage described in a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period; and Only if all reasonable means were used to save and preserve the property from further damage at and after the time a Peril Insured Against occurred.



or (3) Number of “insureds”.

d. If there is covered loss or damage to covered property, not caused, in whole or in part, by "fungi", wet or dry rot, yeast or bacteria, loss payment will not be limited by the terms of this Additional Coverage, except to the extent that "fungi", wet or dry rot, yeast or bacteria causes an increase in the loss or any Loss of Use.




described in Coverages A and C caused by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS.







This Exclusion 1. does not apply to the amount of coverage that may be provided for in D.7. Ordinance Or Law under PROPERTY COVERAGES;


c. Requiring any "insured" or others to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove; (5) Contain; (6) Treat; (7) Detoxify; (8) Neutralize; or (9) In any way respond to, or assess the

effects of, pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor;


HW 00 06 01 10

(3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed.

























9. Governmental Action Governmental Action means the destruction, confiscation or seizure of property described in Coverage A or C by order of any governmental or public authority.


Page 9 of 14


"Fungi", Wet Or Dry Rot, Yeast Or Bacteria Additional Coverage under PROPERTY COVERAGES with respect to loss caused by a Peril Insured Against .









15.Coastal Construction Control Line Exclusion. The policy does not cover the amount of loss, if any, in excess of the actual cost of repair or replacement of the property where said excess is due to restrictions on reconstruction of coastal dwellings and buildings located within the coastal construction code zones established pursuant to Florida Statutes 161.052 and 161.053, as presently existing or hereafter amended.
















(2) Sign the same; and d. If you are an association, corporation or



(2) Sign the same.


HW 00 06 01 10










C. Loss Settlement Covered property losses are settled as follows:

1. Personal property and grave markers, including mausoleums, at actual cash value at the time of loss but not more than the amount required to repair or replace.

2. Coverage A – Dwelling: At the actual cost to repair or replace, but not more than the Coverage A limit of liability. In this provision, the terms "repair" or "replace" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in D.7. Ordinance Or Law under PROPERTY COVERAGES.












e. However, if we fail to appear at a mediation conference, we will:

(1) Pay your actual cash expenses incurred while attending the conference; and



F. Other Insurance And Service Agreement If, at the time of loss, there is other insurance under any other policy or a service agreement covering the same property covered by this policy, this insurance will be excess over the amount recoverable under such other insurance or service agreement. However: 1. If a loss covered by this policy is covered by



Page 11 of 14

2. If a loss covered by this policy is covered by other insurance covering the same property, property of the type that benefits fewer than all unit owners, but more than one unit owner; we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of such insurance covering the loss.
















K. Mortgage Clause The word "mortgagee" includes trustee or lienholder.

1. If a mortgagee is named in this policy, any loss payable under Coverage A will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order of precedence of the mortgages.




c. Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so.

Paragraphs E. Mediation Or Appraisal, G. Suit Against Us and I. Loss Payment under CONDITIONS also apply to the mortgagee.









HW 00 06 01 10















R. Adjustment to Property Coverage Limits If your policy is a renewal with us, the limit of liability for Coverages A, C and D may be adjusted. Any change in the limits of liability indicated above does not, in any way, represent, warrant, or guarantee to any person or entity, that:




1. A subsequent edition of this policy; or 2. An amendatory endorsement. T. Waiver Or Change Of Policy Provisions











Page 13 of 14














Except as provided in Paragraph U.2. above, we will let you know of our action at least 100 days before the date cancellation takes effect.

However: a. We shall give at least 100 days written

notice; or b. When required by law, written notice by

June 1, whichever is earlier, for any cancellation that would be effective between June 1 and November 30; except that:











by us for at least a 5 year period immediately prior to the date of the written notice for nonrenewal, then we shall give at least 180 days written notice before the date nonrenewal takes effect.



HW 00 06 01 10






us. This notice will be delivered to you or mailed to you at your mailing address shown in the Declarations at least 45 days before the expiration date of this policy. Proof of mailing will be sufficient proof of notice.














Page 1 of 1

RESIDUAL MARKET SPECIAL PROVISIONS - FLORIDA

Under the AGREEMENT section of your policy, the following is added:

This policy is issued on behalf of the Citizens Property Insurance Corporation and, by acceptance of this policy you agree: 1. That the statements in the Application(s) are

your representations; 2. That this policy is issued in reliance upon the

truth of those representations; 3. That this policy embodies all agreements

existing between you and the Citizens Property Insurance Corporation relating to this policy.

Under the CONDITIONS section of your policy, paragraph 5. of Condition U. Cancellation is deleted and replaced with: (This is Condition T. in HW 00 04)

5. If this policy is cancelled by you, or the amount of insurance is reduced at your or your agents request, the amount of premium we return for the period from the date of cancellation to the expiration date is determined as follows: a. Pro rata, if no coverage existed from June

1 to November 30 of any 1 year policy term; or

b. Pro rata, if coverage existed from June 1 to November 30 of any 1 year policy term; and: (1) Similar insurance on the covered

property is written with another insurer;

(2) Property is sold or moved from Citizens statutorily defined insuring areas (Section 627.351(6), Florida Statutes);

(3) Insured is deceased; (4) Property is demolished; (5) Property goes out of business or is

foreclosed upon; or c. A percentage of the total premium if:

(1) Coverage existed at any time during the period of June 1 to November 30 and

(2) Conditions b.(1) through b.(5) above do not apply; or

(3) Insurance on the covered property is replaced with less than a full annual term policy.

The percentage of the total premium returned is determined as follows: Number of Days Percentage of

Policy Is In Force Premium Returned 1 to 180 20% 181 to 210 15% 211 to 240 10% 241 to 270 7.5% 271 to 300 5.0% 301 to 330 2.5% 331 to 365 0.0%

Under the CONDITIONS section of your policy, the following is added to Condition V. Nonrenewal: (This is Condition U. in HW 00 04)

Depopulation Provisions: a. Under this provision, the Citizens Property

Insurance Corporation (“Citizens”) may nonrenew this policy under the following conditions: (1) If we or the Florida Market Assistance

Program obtain an offer from an authorized insurer to cover your property described in the Declarations Page(s), at its approved rates, we may nonrenew your policy, except as otherwise provided in Florida law.

(2) Your policy may be replaced by a policy that may not provide coverage identical to the coverage provided by Citizens.

(3) Acceptance of Citizens coverage by you creates a conclusive presumption that you are aware of this potential.

In accordance with Section 627.4131, Florida Statutes, your agent’s phone number is listed in your Declarations page(s) so you may inquire about your insurance. The following is added to your policy:

IN WITNESS WHEREOF, Citizens Property Insurance Corporation has executed and attested these presents. Citizens Property Insurance Corporation





Page 1 of 1

INCREASED LOSS ASSESSMENT COVERAGE

1. Loss Assessment – Forms HW 00 02 and HW 00 06 In Forms HW 00 02 and HW 00 06, Additional Coverage 5. Loss Assessment paragraph E.5.a. is deleted and replaced with the following: a. We will pay up to the total limit of loss

assessment shown in your Declarations for your share of loss assessment charged during the policy period against you, as owner or tenant of the "residence premises", by a corporation or association of property owners.

(This is Additional Coverage D.5.a. in Form HW 00 06); In Forms HW 00 02 and HW 00 06, Additional Coverage 5. Loss Assessment paragraph E.5.c. is deleted and replaced with the following: c. The limit shown in your Declarations is the most

we will pay with respect to any one loss, regardless of the number of assessments.

(This is Additional Coverage D.5.c. in Form HW 00 06);

2. Special Limit In Form HW 00 02: With respect to any one loss, $1,000 is the most we will pay of your loss assessment that results from a deductible in the policy of insurance purchased by a corporation or association of property owners regardless of the number assessments. In Form HW 00 06: With respect to any one loss, $2,000 is the most we will pay of your loss assessment, per unit, that results from a deductible in the policy of insurance purchased by a corporation or association of property owners regardless of the number of assessments.




Page i

HOMEOWNERS 2 – WIND ONLY FORM

TABLE OF CONTENTS GENERAL Agreement 1 Definitions 1 Deductible 2 PROPERTY COVERAGES Coverage A - Dwelling 2 We Do Not Cover 2 Coverage B - Other Structures 2 We Do Not Cover 2 Coverage C - Personal Property 3 Special Limits Of Liability 3 Property Not Covered 4 Coverage D - Loss Of Use 5 ADDITIONAL COVERAGES Debris Removal 5 Reasonable Repairs 5 Fire Department Service Charge 6 Property Removed 6 Loss Assessment 6 Glass Or Safety Glazing Material 6 Landlord’s Furnishings 6 Ordinance Or Law 6 Grave Markers 7 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 7 PERIL INSURED AGAINST Peril Insured Against 8 EXCLUSIONS Ordinance Or Law 8 Earth Movement And Settlement 8 Water Damage 8 Power Failure 9 Neglect 9 War 9 Nuclear Hazard 9

Intentional Loss 9 Governmental Action 9 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 9 Wear, Tear, Marring And Deterioration 9 Inherent Vice, Latent Defect And Mechanical Breakdown 9 Existing Damage 9 Exterior Paint Or Waterproofing 9 Coastal Construction Control Line Exclusion 10 CONDITIONS Insurable Interest And Limit of Liability 10 Duties After Loss 10 Loss Settlement 10 Loss To A Pair Or Set 11 Mediation Or Appraisal 11 Other Insurance And Service Agreement 12 Suit Against Us 12 Our Option 12 Loss Payment 12 Abandonment Of Property 12 Mortgage Clause 12 No Benefit To Bailee 13 Nuclear Hazard Clause 13 Recovered Property 13 Policy Period 13 Concealment Or Fraud 13 Loss Payable Clause 13 Adjustment To Property Coverage Limits 13 Liberalization Clause 13 Waiver Or Change Of Policy Provisions 14 Cancellation 14 Nonrenewal 15 Renewal Notification 15 Assignment 15 Subrogation 15 Death 15



Page 1 of 15

HOMEOWNERS 2 – WIND ONLY FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the "named
























6. "Residence premises" means: a. The one family dwelling where you reside; b. The two, three or four family dwelling

where you reside in at least one of the family units; or




HW 00 02 01 10

DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations. PROPERTY COVERAGES A. Coverage A – Dwelling 1. We cover: a. The dwelling on the "residence premises"

shown in the Declarations, including structures attached to the dwelling; and

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

2. We do not cover: a. Awnings; b. Bridges, boardwalks, trestles, catwalks,

dune walks, roadways, driveways, courts, pads, or paved or graveled surfaces attached to the dwelling.

However, we do cover decks, walkways and patios attached to the dwelling which are designed to provide egress to the dwelling;

c. Land, including land on which the dwelling is located;

d. Plumbing, water or lift pumps in the open. However, we do cover plumbing, water or


e. Radio and television transmitting or receiving antennas and aerials, satellite dishes, including their lead-in wiring, masts or towers and supports.


f. Ramps, unless attached to the dwelling and designed to provide egress for the handicapped;

g. Signs, steeples and utility poles, including their light fixtures.


h. Thatch, grass, palm, lattice, slat and similar material roofed, sided or covered structures; or

i. Windmills, wind pumps, silos and smokestacks.

B. Coverage B – Other Structures 1. We cover other structures on the "residence

premises" set apart from the dwelling by clear space.

This includes structures connected to the dwelling by only a fence, utility line, or similar connection.




e. Fountains, statuary and monuments; f. Land, including land on which the other

structures are located; g. Lawn sprinkling systems; h. Other structures rented or held for rental to

any person not a tenant of the dwelling, unless used solely as a private garage;

i. Other structures from which any "business" is conducted;

j. Other structures used to store "business" property.




Page 3 of 15



m. Other structures located in whole or in part over water;



o. Ramps, unless attached to the dwelling and designed to provide egress for the handicapped;







3. The limit of liability for this coverage is shown in your Declarations.

Use of this coverage does not reduce the Coverage A limit of liability.

C. Coverage C – Personal Property 1. Covered Property







Paragraph 2. above does not apply when the limit of liability for Coverage C shown on your Declarations is $0.










HW 00 02 01 10





















h. Property in an apartment regularly rented or held for rental to others by an "insured", except as provided under E.7. Landlord’s Furnishings;








n. Personal property located in whole or in part over water.


Page 5 of 15

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

1. Additional Living Expense a. If a loss covered under PROPERTY

COVERAGES makes that part of the "residence premises" where you reside not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living.










E. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for
















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to the covered property; or (2) Relieve you of your duties, in case of a

loss to covered property, described in B.2. under CONDITIONS.












f. Paragraph O. Policy Period under CONDITIONS does not apply to this coverage.


material which is part of a covered building, storm door or storm window;




7. Landlord's Furnishings a. We will pay up to $2,500 for your

appliances, carpeting and other household furnishings, in each apartment on the "residence premises" regularly rented or held for rental to others by an "insured", for loss caused by a Peril Insured Against.

b. This limit is the most we will pay in any one loss regardless of the number of appliances, carpeting or other household furnishings involved in the loss.

c. This coverage does not increase the limit of liability applying to the damaged property.



(1) The construction, demolition, remodeling, renovation or repair of that part of a covered building or other structure damaged by a Peril Insured Against;


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(2) The demolition and reconstruction of the undamaged part of a covered building or other structure, when that building or other structure must be totally demolished because of damage by a Peril Insured Against to another part of that covered building or other structure; or

(3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, repair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against.


c. We do not cover: (1) The loss in value to any covered

building or other structure due to the requirements of any ordinance or law; or

(2) The costs to comply with any ordinance or law which requires any "insured" or others, to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

















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described in Coverages A, B and C caused only by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS.





Ordinance or Law means any ordinance or law: a. Requiring or regulating the construction,


This Exclusion 1. does not apply to the amount of coverage that may be provided for in E.8. Ordinance Or Law under PROPERTY COVERAGES;


c. Requiring any "insured" or others to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove;

(5) Contain; (6) Treat; (7) Detoxify; (8) Neutralize; or (9) In any way respond to, or assess the

effects of, pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor; (3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed.














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9. Governmental Action Governmental Action means the destruction, confiscation or seizure of property described in Coverage A, B or C by order of any governmental or public authority.





12. Inherent Vice, Latent Defect And Mechanical Breakdown This policy does not include loss caused by inherent vice, latent defect or mechanical breakdown.







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(2) Sign the same; and

d. If you are an association, corporation or other entity; any members, officers, directors, partners or similar representatives of the association, corporation or other entity and anyone you hire in connection with your claim; must:


(2) Sign the same. e. Representations made by any of the

preceding persons who appear in the examinations under oath and/or recorded statements will be deemed to be your representations.









C. Loss Settlement In this Condition C., the terms "cost to repair or replace" and "replacement cost" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in E.8. Ordinance Or Law under PROPERTY COVERAGES. Covered property losses are settled as follows:

1. Property of the following types: a. Personal property; b. Carpeting, household appliances and

outdoor equipment, whether or not attached to buildings;

c. Structures that are not buildings; and d. Grave markers, including mausoleums;

at actual cash value at the time of loss but not more than the amount required to repair or replace.


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2. Buildings covered under Coverage A or B at replacement cost without deduction for depreciation, subject to the following:

a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immediately before the loss, we will pay the cost to repair or replace, after application of any deductible and without deduction for depreciation, but not more than the least of the following amounts:

(1) The limit of liability under this policy that applies to the building;

(2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or

(3) The necessary amount to repair or replace the damaged building.

If the building is rebuilt at a new premises, the cost described in (2) above is limited to the cost which would have been incurred if the building had been built at the original premises.

b. If, at the time of loss, the amount of insurance in this policy on the damaged building is less than 80% of the full replacement cost of the building immediately before the loss, we will pay the greater of the following amounts, but not more than the limit of liability under this policy that applies to the building:

(1) The actual cash value of that part of the building damaged; or

(2) That proportion of the cost to repair or replace, after application of any deductible and without deduction for depreciation, that part of the building damaged, which the total amount of insurance in this policy on the damaged building bears to 80% of the replacement cost of the building.

c. To determine the amount of insurance required to equal 80% of the full replacement cost of the building immediately before the loss, do not include the value of:

(1) Excavations, footings, foundations, piers, or any other structures or devices that support all or part of the building, which are below the undersurface of the lowest basement floor;

(2) Those supports described in (1) above which are below the surface of the ground inside the foundation walls, if there is no basement; and

(3) Underground flues, pipes, wiring and drains.
















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K. Mortgage Clause The word "mortgagee" includes trustee and lienholder.

1. If a mortgagee is named in this policy, any loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear.

If more than one mortgagee is named, the order of payment will be the same as the order of precedence of the mortgages.




c. Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so. Paragraphs E. Mediation Or Appraisal, G. Suit Against Us and I. Loss Payment under CONDITIONS also apply to the mortgagee.



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R. Adjustment to Property Coverage Limits If your policy is a renewal with us, the limit of liability for Coverages A, B, C and D may be adjusted. Any change in the limits of liability indicated above does not, in any way, represent, warrant, or guarantee to any person or entity, that:




1. A subsequent edition of this policy; or 2. An amendatory endorsement.


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T. Waiver Or Change Of Policy Provisions A waiver or change of a provision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights.






















Except as provided in Paragraph U.2. above, we will let you know of our action at least 100 days before the date cancellation takes effect. However:







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notice before the expiration of this policy; or

b. When required by law, written notice by June 1, for any nonrenewal that would be effective between June 1 and November 30;

whichever is earlier; unless:

c. Your residential structure has been insured by us for at least a 5 year period immedi-ately prior to the date of the written notice for nonrenewal, then we shall give at least 180 days written notice before the date nonrenewal takes effect.







us. This notice will be delivered to you or mailed to you at your mailing address shown in the Declarations at least 45 days before the expiration date of this policy.













Page i

HOMEOWNERS 4 – CONTENTS WIND ONLY FORM

TABLE OF CONTENTS GENERAL Agreement 1 Definitions 1 Deductible 2 PROPERTY COVERAGES Coverage C - Personal Property 2 Special Limits Of Liability 2 Property Not Covered 2 Coverage D - Loss Of Use 3 ADDITIONAL COVERAGES Debris Removal 4 Reasonable Repairs 4 Fire Department Service Charge 4 Property Removed 4 Loss Assessment 4 Glass Or Safety Glazing Material 5 Building Additions And Alterations 5 Grave Markers 5 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 6 PERIL INSURED AGAINST Peril Insured Against 6 EXCLUSIONS Ordinance Or Law 6 Earth Movement And Settlement 7 Water Damage 7 Power Failure 7 Neglect 7 War 7 Nuclear Hazard 7 Intentional Loss 7 Governmental Action 87 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 8 Wear, Tear, Marring And Deterioration 8 Inherent Vice, Latent Defect And Mechanical Breakdown 8 Existing Damage 8 Exterior Paint Or Waterproofing 8 Coastal Construction Control Line Exclusion 8

CONDITIONS Insurable Interest And Limit of Liability 8 Duties After Loss 8 Loss Settlement 9 Loss To A Pair Or Set 9 Meditation Or Appraisal 9 Other Insurance And Service Agreement 910 Suit Against Us 910 Our Option 910 Loss Payment 1010 Abandonment Of Property 10 No Benefit To Bailee 10 Nuclear Hazard Clause 10 Recovered Property 10 Policy Period 10 Concealment Or Fraud 10 Loss Payable Clause 10 Adjustment To Property Coverage Limits 101 Liberalization Clause 101 Waiver Or Change Of Policy Provisions 101 Cancellation 11 Nonrenewal 12 Renewal Notification 12 Assignment 12 Subrogation 12 Death 12



Page 1 of 12

HOMEOWNERS 4 – CONTENTS WIND ONLY FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the "named
















person described in a.(1) above; or When the word an immediately precedes the word "insured", the words an "insured" together mean one or more "insureds".

4. "Motor vehicle" means: a. A self-propelled land or amphibious vehicle;

or b. Any trailer or semitrailer which is being






6. "Residence premises" means: a. The one family dwelling where you reside; b. The two, three or four family dwelling where

you reside in at least one of the family units; or




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DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations. PROPERTY COVERAGES A. Coverage C – Personal Property 1. Covered Property
























b. Animals, birds or fish; c. Awnings;


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d. "Motor vehicles". (1) This includes: (a) Their accessories, equipment and

parts; or

(b) Electronic apparatus and accessories designed to be operated solely by power from the electrical system of the "motor vehicle".















l. Water or steam;

m. Personal property stored in freezers or refrigerators located off the "residence premises"; or


B. Coverage D – Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below.













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C. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for















b. If the measures taken involve repair to other damaged property, we will only pay if that property is covered under this policy and the damage is caused by a Peril Insured Against. This coverage does not:

(1) Increase the limit of liability that applies to the covered property; or

(2) Relieve you of your duties, in case of a loss to covered property, described in B.2. CONDITIONS.












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f. Paragraph N. Policy Period under CONDITIONS does not apply to this coverage.


material which is part of a building, storm door or storm window, and covered as Building Additions And Alterations;




7. Building Additions And Alterations We cover under Coverage C the building improvements or installations, made or acquired at your expense, to that part of the "residence premises" used exclusively by you. The limit of liability for this coverage will not be more than 10% of the limit of liability that applies to Coverage C. However, we do not cover:

a. Amusement equipment in the open; b. Awnings; c. Bridges, boardwalks, trestles, catwalks,



e. Fountains, statuary and monuments; f. Land, including land on which the building

additions and alterations are located; g. Lawn sprinkling systems; h. Pilings, piers, boathouses, beach or diving

platforms, seawalls, retaining walls, bulkheads, docks and wharves;

i. Plumbing, water or lift pumps in the open. However, we do cover plumbing, water or


j. Property located in whole or in part over water;

k. Radio and television transmitting or receiving antennas and aerials, satellite dishes, including their lead-in wiring, masts or towers and supports.


l. Ramps, unless attached to the dwelling and designed to provide egress for the handicapped;

m. Signs, steeples and utility poles, including their light fixtures.


n. Thatch, grass, palm, lattice, slat and similar material roofed, sided or covered structures;

o. Tiki huts, chickees, gazebos, slat houses, bathhouses, pergolas and similar open sided structures, or fabric windscreens on fences.

However, we do cover screened pool enclosures and carports;

p. Trees, shrubs, flowers, lawns, crops and other plants; or

q. Windmills, wind pumps, silos and smokestacks.




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(3) The cost to tear out and replace any part of the building additions and alterations under C.7. Building Additions and Alterations or other covered property as needed to gain access to the "fungi", wet or dry rot, yeast or bacteria; and











described in Coverage C caused only by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS.






demolition, remodeling, renovation or repair of property, including removal of any resulting debris;


c. Requiring any "insured" or others to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove; (5) Contain; (6) Treat; (7) Detoxify;


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(8) Neutralize; or (9) In any way respond to, or assess the

effects of, pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor; (3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed. This Exclusion 1. applies whether or not the property has been physically damaged.




contraction of soils or organic materials; d. Settling, cracking or expansion of foundations; e. Subsidence, sinkhole loss, catastrophic ground

cover collapse, sinkhole activity; or f. Any other earth movement including earth




a. Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, storm surge, wave wash, overflow of any body of water, or spray or water-borne material from any of these, all whether or not driven by wind including storm surge;

b. Water or water-borne material which: (1) Backs up through sewers or drains; or

(2) Overflows or is otherwise discharged from a sump, sump pump or related equipment; or

c. Water or water-borne material below the surface of the ground, including water which exerts pressure on or seeps, or leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or










7. Nuclear Hazard This Exclusion 7. pertains to Nuclear Hazard to the extent set forth in L. Nuclear Hazard Clause under CONDITIONS.



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9. Governmental Action Governmental Action means the destruction, confiscation or seizure of property described in Coverage C by order of any governmental or public authority.









This Eexclusion 13. does not apply in the event of a total loss caused by a Peril Insured Against.







You must see that the following are done in the event of loss or damage to covered property: In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either:








request and permit us to make copies; and c. You, any “insured” and any one you hire in

connection with your claim, must: (1) SSubmit to examinations under oath

and recorded statements, while not in the presence of any other "insured"; and

(2) S sign the same; and d. If you are an association, corporation or



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(2) Sign the same.


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C. Loss Settlement Covered property losses are settled at actual cash value at the time of loss but not more than the amount required to repair or replace.




E. Mediation Or Appraisal If you and we fail to agree on the amount of loss, either may:

1. Mediation. If there is a dispute with respect to a claim under this policy, you or we may dDemand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services.










2. 2. ADemand an appraisal of the loss. If you and we fail to agree on the amount of loss,

either may request an appraisal of the loss by presenting the other party with a written request for appraisal of the amount of loss. If the other party agrees in writing to participate in appraisal, then appraisal shall proceed pursuant to the terms of a written agreement between the parties. In this event, each party will choose a competent and disinterested appraiser within 20 days after the receipt of a written request from the other. a.The two appraisers will choose a competent

and independent umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the “residence premises” is located.

b.The appraisers will separately set the amount of the loss and assign the amount of loss attributable to each specific policy coverage.

c.If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss.

d.A decision by any two must assign the amount of loss attributable to each specific policy coverage.

e.An appraisal decision is subject to all terms and conditions of this policy.

f.Each party will: (1) Pay its own appraiser; (2)Pay its own attorney fees; and


Page 11 of 12

(3) Bear the other expenses of the appraisal and umpire equally.

If, however, we demand the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss.






1. There has been full compliance with all of the terms of this policy; and


H. Our Option If at the time of loss we give you written notice within 30 days after we receive your signed, sworn proof of loss:

1. We may, at our option, repair or replace any covered part or item of the damaged property with material or property of like kind and quality.



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K. No Benefit To Bailee We will not recognize any assignment or grant any coverage that benefits a person or organization holding, storing or moving property for a fee regardless of any other provision of this policy.

L. Nuclear Hazard Clause 1. "Nuclear Hazard" means any nuclear reaction,




M. Recovered Property 1. If you or we recover any property for which we




N. Policy Period This policy applies only to loss which occurs during the policy period.

O. Concealment Or Fraud We provide coverage to no "insureds" under this policy if, whether before or after a loss, an "insured" has:



relating to this insurance. P. Loss Payable Clause


Q. Adjustment to Property Coverage Limits If your policy is a renewal with us, the limit of liability for Coverages C and D may be adjusted. Any change in the limits of liability indicated above does not, in any way, represent, warrant, or guarantee to any person or entity, that:



R. Liberalization Clause If we make a change which broadens coverage under this edition of our policy without additional premium charge, that change will automatically apply to your insurance as of the date we implement the change, provided that this implementation date falls within 60 days prior to or during the policy period stated in the Declarations. This Liberalization Clause does not apply to changes implemented with a general program revision that includes both broadenings and restrictions in coverage, whether that general program revision is implemented through introduction of:

1. A subsequent edition of this policy; or 2. An amendatory endorsement. S. Waiver Or Change Of Policy Provisions



Page 13 of 12

T. Cancellation 1. You may cancel this policy at any time by




a. Wwe may cancel immediately if there has been:



b. We may also cancel this policy subject to the following provisions. A written cancellation notice, together with specific reasons for cancellation, will be delivered to you, or mailed to you at your mailing address shown in the Declarations. Proof of mailing will be sufficient proof of notice.

When you have not paid the premium, we may cancel at any time by letting you know at least 10 days before the date the cancellation takes effect.

When this policy has been in effect for 90 days or less, we may cancel for any reason, except we may not cancel:

We may cancel for any reason, except we may not cancel:


(2) Solely as the result On the basis of a single claim which is a result of on your policy caused bywater damage, unless we can demonstrate that the “insured” you hasve failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property.

c. Except as provided in Paragraphs T.2. and T.3.a. above, we will let you know of our action at least:




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4. Wwhen this policy has been in effect for more than 90 days, we may cancel:






that are the result of an Act of God, if unless we can demonstrate, by claims frequency or otherwise, that the "insured" has failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; or

b. On the basis of a single claim which is a result of water damage, if unless we can demonstrate that the “insured” has failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property.

Except as provided in Paragraph T.2. above, we will let you know of our action at least 100 days before the date cancellation takes effect. This can be done by letting you know However:

a.(1) We shall give at least 100 days written notice; or

b.(2) When required by law, written notice by June 1, whichever is earlier, for any cancellation that would be effective between June 1 and November 30; except that:

c.(3) We shall give at least 180 days written notice before the date cancellation takes effect when your residential structure has been insured by us for at least a 5 year period immediately prior to the date of the written notice.




Page 15 of 12

U. Nonrenewal We may elect not to renew this policy. 1. We may do so by delivering to you or mailing



3. For all other nonrenewals: a. We shall give at least 100 days’ written




by us for at least a 5 year period immediately prior to the date of the written notice for nonrenewal, then we shall give at least 180 days’ written notice before the date nonrenewal takes effect.




b. On the basis Solely as the result of a single claim which is a result of on your policy caused by water damage, unless we can demonstrate that the “insured” has you have failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property.

V. Renewal Notification If we elect to renew this policy, we will let you know, in writing:

1. Of our decision to renew this policy; and 2. The amount of renewal premium payable to us.

This notice will be delivered to you or mailed to you at your mailing address shown in the Declarations at least 45 days before the expiration date of this policy.

W. Assignment Assignment of this policy will not be valid unless we give our written consent.

X. Subrogation 1. An "insured" may waive in writing before a loss




Y. Death If any person named in the Declarations or the spouse, if a resident of the same household, dies, the following apply:







Page i

HOMEOWNERS 6 – UNIT-OWNERS WIND ONLY FORM

TABLE OF CONTENTS GENERAL Agreement 1 Definitions 1 Deductible 1 PROPERTY COVERAGES Coverage A - Dwelling 2 We Do Not Cover 2 Coverage C - Personal Property 2 Special Limits Of Liability 3 Property Not Covered 3 Coverage D - Loss Of Use 4 ADDITIONAL COVERAGES Debris Removal 5 Reasonable Repairs 5 Fire Department Service Charge 5 Property Removed 5 Loss Assessment 5 Glass Or Safety Glazing Material 6 Ordinance Or Law 6 Grave Markers 6 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 6 PERIL INSURED AGAINST Peril Insured Against 7 EXCLUSIONS Ordinance Or Law 7 Earth Movement And Settlement 8 Water Damage 8 Power Failure 8 Neglect 8 War 8 Nuclear Hazard 8 Intentional Loss 8 Governmental Action 8 “Fungi”, Wet Or Dry Rot, Yeast Or Bacteria 98 Wear, Tear, Marring And Deterioration 98 Inherent Vice, Latent Defect And Mechanical Breakdown 9 Existing Damage 9 Exterior Paint Or Waterproofing 9 Coastal Construction Control Line Exclusion 9

CONDITIONS Insurable Interest And Limit of Liability 9 Duties After Loss 9 Loss Settlement 109 Loss To A Pair Or Set 10 Meditation Or Appraisal 10 Other Insurance And Service Agreement 10 Suit Against Us 11 Our Option 11 Loss Payment 11 Abandonment Of Property 11 Mortgage Clause 11 No Benefit To Bailee 112 Nuclear Hazard Clause 122 Recovered Property 12 Policy Period 12 Concealment Or Fraud 12 Loss Payable Clause 12 Adjustment To Property Coverage Limits 12 Liberalization Clause 12 Waiver Or Change Of Policy Provisions 12 Cancellation 12 Nonrenewal 13 Renewal Notification 14 Assignment 14 Subrogation 14 Death 14



Page 1 of 14

HOMEOWNERS 6 – UNIT-OWNERS WIND ONLY FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. In this policy, "you" and "your" refer to the "named
























6. "Residence premises" means the unit where you reside shown as the "residence premises" in the Declarations.

DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations.


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PROPERTY COVERAGES A. Coverage A – Dwelling 1. We cover: a. The alterations, appliances, fixtures and

improvements which are part of the building contained within the "residence premises";

b. Items of real property which pertain exclusively to the "residence premises";

c. All improvements or additions to the condominium property that benefits you and fewer than all unit owners;

dc. Property which is your insurance responsibility under a corporation or association of property owners agreement; or

ed. Structures owned solely by you, other than the "residence premises", at the location of the "residence premises".


dune walks, roadways, driveways, courts, pads, or paved or graveled surfaces not attached to the "residence premises";

d. Decks, walkways and patios not attached to the "residence premises";

e. Fountains, statuary and monuments; f. Land, including land on which the

"residence premises", real property or structures are located;

g. Lawn sprinkling systems; h. Structures rented or held for rental to any

person not a tenant of the dwelling, unless used solely as a private garage;

i. Structures from which any "business" is conducted;

j. Structures used to store "business" property.




lift pumps permanently installed, located on the “residence premises” and designed to service the "residence premises";

m. Property located in whole or in part over water;


However, we do cover solar paneling and other similar water heating and electrical apparatus, including lead-in pipes, wiring, masts or towers and their supports when permanently installed, located on the “residence premises” and designed to service the “residence premises”;

o. Ramps, unless attached to the "residence premises" and designed to provide egress for the handicapped;


However, we do cover utility poles permanently installed, located on the “residence premises”, owned by an “insured” and designed to provide electrical service to the “residence premises”;



However, we do cover screen pool enclosures and carports;



B. Coverage C – Personal Property 1. Covered Property




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C. Coverage D – Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below.






COVERAGES makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover: The fair rental value of such premises less any expenses that do not continue while it is not fit to live in.







Page 5 of 14

D. Additional Coverages 1. Debris Removal a. We will pay your reasonable expense for






(1) Tree(s) you solely own felled by a Peril Insured Against; or


provided the tree(s) damage(s) a covered structure. The $1,000 limit is the most we will pay in any one loss regardless of the number of fallen trees. No more than $500 of this limit will be paid for the removal of any one tree. This coverage is additional insurance.





to the covered property; or

(2) Relieve you of your duties, in case of a loss to covered property, described in B.2. under CONDITIONS.










d. We will only apply oneNo deductible applies to this coverage, per unit, to the total amount of any one loss to the property described above, regardless of the number of assessments.


f. Paragraph O. Policy Period CONDITIONS does not apply to this coverage.

This coverage is additional insurance.


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6. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing

material which is part of a building, storm door or storm window and covered under Coverage A;



This coverage does not increase the limit of liability that applies to the damaged property



(1) The construction, demolition, remodeling, renovation or repair of that part of property covered under Coverage A damaged by a Peril Insured Against;

(2) The demolition and reconstruction of the undamaged part of property covered under Coverage A, when that property must be totally demolished because of damage by a Peril Insured Against to another part of that property covered under Coverage A; or

(3) The remodeling, removal or replacement of the portion of the undamaged part of property covered under Coverage A necessary to complete the remodeling, repair or replacement of that part of the property covered under Coverage A damaged by a Peril Insured Against.


c. We do not cover: (1) The loss in value to any property

covered under Coverage A due to the requirements of any ordinance or law; or

(2) The costs to comply with any ordinance or law which requires any "insured" or others, to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove; (5) Contain; (6) Treat; (7) Detoxify; (8) Neutralize; or (9) In any way respond to, or assess

the effects of, pollutants in or on any property covered under Coverage A.

Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor; (3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed.


We will pay up to $5,000 for grave markers, including mausoleums, away from the "residence premises" for loss caused by a Peril Insured Against. This coverage does not increase the limits of liability that apply to the damaged covered property.






Page 7 of 14

(4) The cost of testing of air or property to confirm the absence, presence or level of "fungi", wet or dry rot, yeast or bacteria whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of "fungi", wet or dry rot, yeast or bacteria.

b. The coverage described in a. only applies when such loss or costs are a result of a Peril Insured Against that occurs during the policy period; and Only if all reasonable means were used to save and preserve the property from further damage at and after the time a Peril Insured Against occurred.



or (3) Number of “insureds”.

d. If there is covered loss or damage to covered property, not caused, in whole or in part, by "fungi", wet or dry rot, yeast or bacteria, loss payment will not be limited by the terms of this Additional Coverage, except to the extent that "fungi", wet or dry rot, yeast or bacteria causes an increase in the loss or any Loss of Use.




described in Coverages A and C caused by the peril of windstorm or hail unless the loss is excluded in EXCLUSIONS.







This Exclusion 1.a. does not apply to the amount of coverage that may be provided for in D.7. Ordinance Or Law under PROPERTY COVERAGES;


c. Requiring any "insured" or others to: (1) Test for; (2) Monitor; (3) Clean up; (4) Remove; (5) Contain; (6) Treat; (7) Detoxify; (8) Neutralize; or (9) In any way respond to, or assess the

effects of, pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including: (1) Smoke; (2) Vapor;


HW 00 06 019 1008

(3) Soot; (4) Fumes; (5) Acids; (6) Alkalis; (7) Chemicals; and (8) Waste. Waste includes materials to be recycled, reconditioned or reclaimed.






ground cover collapse, sinkhole activity; or f. Any other earth movement including earth




a. Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, storm surge, wave wash, overflow of any body of water, or spray or water-borne material from any of these, all whether or not driven by wind including storm surge;

b. Water or water-borne material which: (1) Backs up through sewers or drains; or

(2) Overflows or is otherwise discharged from a sump, sump pump or related equipment; or

c. Water or water-borne material below the surface of the ground, including water which exerts pressure on or seeps, or leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or












9. Governmental Action Governmental Action means the destruction, confiscation or seizure of property described in Coverage A or C by order of any governmental or public authority.


Page 9 of 14


"Fungi", Wet Or Dry Rot, Yeast Or Bacteria Additional Coverage under PROPERTY COVERAGES with respect to loss caused by a Peril Insured Against .







This Eexclusion 13. does not apply in the event of a total loss caused by a Peril Insured Against.


15.Coastal Construction Control Line Exclusion. The policy does not cover the amount of loss, if any, in excess of the actual cost of repair or replacement of the property where said excess is due to restrictions on reconstruction of coastal dwellings and buildings located within the coastal construction code zones established pursuant to Florida Statutes 161.052 and 161.053, as presently existing or hereafter amended.





You must see that the following are done in the event of loss or damage to covered property: In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either:








request and permit us to make copies; and c. You, any “insured” and any one you hire in

connection with your claim, must: (1) SSubmit to examinations under oath

and recorded statements, while not in the presence of any other "insured"; and

(2) S sign the same; and d. If you are an association, corporation or



HW 00 06 019 1008


(2) Sign the same.


Page 11 of 14










C. Loss Settlement Covered property losses are settled as follows:

1. Personal property and grave markers, including mausoleums, at actual cash value at the time of loss but not more than the amount required to repair or replace.

2. Coverage A – Dwelling: At the actual cost to repair or replace, but not more than the Coverage A limit of liability. In this provision, the terms "repair" or "replace" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in D.7. Ordinance Or Law under PROPERTY COVERAGES.




E. Mediation Or Appraisal If you and we fail to agree on the amount of loss, either may:

1. Mediation. If there is a dispute with respect to a claim under this policy, you or we may dDemand a mediation of the loss in accordance with the rules established by the Florida Department of Financial Services.







e. However, if we fail to appear at a mediation conference, we will:

(1) Pay your actual cash expenses incurred while attending the conference; and


2.ADemand an appraisal of the loss. If 2. you and we fail to agree on the amount of loss,

either may request an appraisal of the loss by presenting the other party with a written request for appraisal of the amount of loss. If the other party agrees in writing to participate in appraisal, then appraisal shall proceed pursuant to the terms of a written agreement between the parties. In this event, each party will choose a competent and disinterested appraiser within 20 days after the receipt of a written request from the other. a.The two appraisers will choose a competent

and independent umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the “residence premises” is located.

b.The appraisers will separately set the amount of the loss and assign the amount of loss attributable to each specific policy coverage.

c.If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss.


HW 00 06 019 1008

If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of the loss.

d.A decision by any two must assign the amount of loss attributable to each specific policy coverage.

e.An appraisal decision is subject to all terms and conditions of this policy.

f.Each party will: (1)Pay its own appraiser; (2)Pay its own attorney fees; and (3)Bear the other expenses of the

appraisal and umpire equally. If, however, we demand the mediation and either party rejects the mediation results, you are not required to submit to, or participate in, any appraisal of the loss as a precondition to action against us for failure to pay the loss.

F. Other Insurance And Service Agreement If, at the time of loss, there is other insurance under any other policy or a service agreement covering the same property covered by this policy, this insurance will be excess over the amount recoverable under such other insurance or service agreement. However: 1. If a loss covered by this policy is covered by



Page 13 of 14

2. If a loss covered by this policy is covered by other insurance covering the same property, property of the type that benefits fewer than all unit owners, but more than one unit owner; we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of such insurance covering the loss.


1. If a loss covered by this policy is also covered by:

a. Other insurance, except insurance in the name of a corporation or association of property owners, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss; or

b. A service agreement, except a service agreement in the name of a corporation or association of property owners, this insurance is excess over any amounts payable under any such agreement.


2. If, at the time of loss, there is other insurance or a service agreement in the name of a corporation or association of property owners covering the same property covered by this policy, this insurance will be excess over the amount recoverable under such other insurance or service agreement.




H. Our Option If at the time of loss: 1. The damaged property is insured for Actual Cash Value Loss Settlement as outlined in CONDITIONS C. Loss Settlement and we give you written notice within 30 days after we receive your signed, sworn proof of loss:

1a. We may, at our option, repair or replace any covered part or item of the damaged property with material or property of like kind and quality.

2b. If an identical replacement is not available, we may, at our option, substitute replacement of equal or greater features and functions of the damaged property.

2. The damaged property is insured for Replacement Cost Loss Settlement as outlined in CONDITIONS C. Loss Settlement:

a. We will pay the amount of loss, whether you repair or replace the damaged property.









HW 00 06 019 1008


K. Mortgage Clause The word "mortgagee" includes trustee or lienholder.

1. If a mortgagee is named in this policy, any loss payable under Coverage A will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order of precedence of the mortgages.




c. Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so.

Paragraphs E. Mediation Or Appraisal, G. Suit Against Us and I. Loss Payment under CONDITIONS also apply to the mortgagee.









Page 15 of 14















R. Adjustment to Property Coverage Limits If your policy is a renewal with us, the limit of liability for Coverages A, C and D may be adjusted. Any change in the limits of liability indicated above does not, in any way, represent, warrant, or guarantee to any person or entity, that:




1. A subsequent edition of this policy; or 2. An amendatory endorsement. T. Waiver Or Change Of Policy Provisions






a. Wwe may cancel immediately if there has been:

(1) a. A material misstatement or misrepresentation; or

(2) b. Failure to comply with underwriting requirements.

b. 3. We may also cancel this policy subject to the following provisions. A written cancellation notice, together with specific reasons for cancellation, will be delivered to you, or mailed to you at your mailing address shown in the Declarations. Proof of mailing will be sufficient proof of notice. We may cancel for any reason, except we may not cancel:


HW 00 06 019 1008

a. When you have not paid the premium, we may cancel at any time by letting you know at least 10 days before the date cancellation takes effect.

b. When this policy has been in effect for 90 days or less, we may cancel for any reason, except we may not cancel:


(2) Solely as the resultOn the basis of a single claim which is a result of on your policy caused by water damage, unless we can demonstrate that the “insured” has you have failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property.




4c. When this policy has been in effect for more than 90 days, we may cancel:

a. (1) If there has been a material misstatement;

b(2.) If the risk has changed substantially since the policy was issued;

c.(3) In the event of failure to comply with underwriting requirements established by us within 90 days of the effective date of coverage;

d.(4) If the cancellation is for all insureds under policies of this type for a given class of insureds.;

However, we may not cancel: a.(5) On the basis of property insurance claims

that are the result of an Act of God, unlessif we can demonstrate, by claims frequency or otherwise, that the "insured" has failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; or.


Except as provided in Paragraph U.2. above, we will let you know of our action This can be done by letting you know at least 100 days before the date cancellation takes effect.


Page 17 of 14

However: a.(1) We shall give at least 100 days’ written

notice; or b.(2) When required by law, written notice by

June 1, whichever is earlier, for any cancellation that would be effective between June 1 and November 30; except that:

c.(3) We shall give at least 180 days’ written notice before the date cancellation takes effect when your residential structure has been insured by us for at least a 5 year period immediately prior to the date of the written notice.






3. For all other nonrenewals: a. We shall give at least 100 days’ written




by us for at least a 5 year period immediately prior to the date of the written notice for nonrenewal, then we shall give at least 180 days’ written notice before the date nonrenewal takes effect.



HW 00 06 019 1008



b. On the basis Solely as the result of a single claim which is a result of on your policy caused by water damage, unless we can demonstrate that the “insured” hasyou have failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property.



us. This notice will be delivered to you or mailed to you at your mailing address shown in the Declarations at least 45 days before the expiration date of this policy. Proof of mailing will be sufficient proof of notice.











Summary of Changes

PR-W Homeowner Wind Forms

Page Item Change

Blanket

Change

Blanket

ChangeThroughout form HW 00 02 01 10 the numbering has been rearranged to accommodate inserted text.

Blanket

Change

Blanket

ChangeTable Of Contents has been amended to accommodate inserted text and page number changes.

Blanket

Change

Blanket

Change

Throughout Exclusions, reference to the word exclusion is capitalized and the exclusion's numeric

number follows.

82

Amended

Paragraph 2. Earth Movement and Settlement under Exclusions in form HW 00 02 01 10 is amended to

add the word "scouring" to more explicitly express earth movement is not covered. Additionally, the word

"Whether" is added to the last paragraph. The exclusion text is the exact same text in the same the

exclusion under OIR approved companion filing 09-07326.

83.

Amended

Paragraph 3. Water Damage under Exclusions in for HW 00 02 01 10 amended to more explicitly express

water damage is not covered. The exclusion text is the exact same text in the same the exclusion under

OIR approved companion filing 09-07326. As discussed with the OIR on May 20 and 21, 2009 under a

companion filing 09-07326, we are retaining the text “including storm surge” in paragraph (1) of our water

damage exclusion to match ISO.

10B.5.c.

Amended

Paragraph B.5.c. in Condition B. Duties After Loss is amended to provide Citizens with option to require

examination under oath and recorded statements for all property claims.

10B.5.d.

New

Paragraph B.5.d. in Condition B. Duties After Loss newly adds a provision requiring that certain

representatives must submit to examination under oath and recorded statements when the insured is an

association or corporation.

12E.1.

Amended

Paragraph E.1., the provision for mediation of disputed property claims, in Condition E. Mediation or

Appraisal under Conditions in form HW 00 02 01 10 is amended to comply with the OIR request under

companion form filing 09-07326. The beginning of mediation part of the condition is amended to read:

a. Mediation. If there is a dispute with respect to a claim under this policy, you or we may demand a

mediation of the loss in accordance with the rules established by the Florida Department of Financial

Services.

12E.2.

Amended

Paragraph E.2., the provision for appraisal of disputed property claims, in Condition E. Mediation or


companion form filing 09-07326.

12H.

Amended

The Our Option condition H. is amended to comply with recent 2009 changes to Section 627.7011 Florida

statute – Homeowners’ policies; offer of replacement cost coverage and law and ordinance coverage.

12I.

Amended

The last paragraph in the Loss Payment condition under Condition I is amended to comply with the OIR

request under companion form filing 09-07326. The last paragraph is amended to add "our" and "against

us" so that it reads: "However, our failure to comply with this subsection shall not form the sole basis for a

private cause of action against us."

12K.

Amended

The first paragraph in the Mortgage Clause condition K. under Conditions is amended to add "and

lienholder."

14U.

Amended

Condition U. Cancellation under Conditions in form HW 00 02 01 10 is amended to comply with changes

discussed with the OIR under companion form filing 09-07326 and OIR letter of May 11, 2009 under the

same filing 09-07326.

Page 1 of 8

Summary of Changes


Page Item Change

14U.2.

Amended

Paragraph U.2. in Condition U. Cancellation under Conditions in form HW 00 02 01 10 is amended to

more explicitly express that non-payment of premium is subject to a 10 day notice of cancellation.

14U.3.b.(2)

Amended

Paragraph U.3.b.(2) in Condition U. Cancellation under Conditions in form HW 00 02 01 10 is amended to

re-express the condition with text that is the same as the condition in Insurance Services office, Inc.

Florida changes form HO 01 09.

14U.3.c.

Amended

Paragraph U.3.c.in Condition U. Cancellation under Conditions in form HW 00 02 01 10 is amended to

express the 180 day notification requirement under Section 627.4133(2).

14U.3.c.

Amended

Paragraph 3.(c). in Condition U. Cancellation under Conditions in form HW 00 02 01 10 is added to

comply with Section 627.4133(6) Florida Statute.

14U.4.

Amended

Paragraph U.4., in Condition U. Cancellation under Conditions in form HW 00 02 01 10 is reformatted and

renumbered so that it includes all conditions of cancellation occurring after a policy has been in force for

over 90 days.

14U.4.

Amended

Paragraph U.4.in Condition U. Cancellation under Conditions in form HW 00 02 01 10 is amended to

express the 180 day notification requirement under Section 627.4133(2(b)1.

14U.5. & U.6

AmendedParagraphs 4. and 5. are renumbered to 5. and 6. respectfully.

15V.

Amended

Condition V. Nonrenewal under Conditions in form HW 00 02 01 10 is amended to read the same as the

same nonrenewal condition under approved companion form filing 09-07326.

15 V.5.b.

Condition V.5.b. Nonrenewal under Conditions in form HW 00 02 01 10 is amended to re-express the

condition with text that is the same as the condition in Insurance Services office, Inc. Florida changes

form HO 01 09.

Page 2 of 8

Summary of Changes


Page Item Change

Blanket

Change

Blanket


Blanket

Change

Blanket


Blanket

Change

Blanket

Change


number follows.

72

Amended



"Whether" is added to the last paragraph. The exclusion

73.

Amended






8B.5.c.

Amended



8B.5.d.

New




9E.1.

Amended






Services.

9E.2.

Amended


Appraisal under Conditions in form CIT HW 00 04 01 10 is amended to comply with the OIR request

under companion form filing 09-07326.

109H.

Amended



10I.

Amended

The last paragraph in the Loss Payment condition under Condition I is amended to comply with the OIR

request under companion form filing 09-07326. The last paragraph is amended to add "our" and "against

us" so that it reads: "However, our failure to comply with this subsection shall not form the sole basis for a

private cause of action against us."

11T.

Amended

Condition T. Cancellation under Conditions in form HW 00 04 01 10 is amended to comply with changes



11T.2.

Amended

Paragraph T.2. in Condition U. Cancellation under Conditions in form HW 00 04 01 10 is amended to


11T.3.b.(2)

Amended

Paragraph T.3.b.(2) in Condition T. Cancellation under Conditions in form HW 00 04 01 10 is amended to



Page 3 of 8

Summary of Changes


Page Item Change

11T.3.c.

Amended

Paragraph T.3.c., in Condition T. Cancellation under Conditions in form HW 00 04 01 10 is amended to


11T.3.b.(6)

Amended

Paragraph 3.(b)(6). in Condition T. Cancellation under Conditions in form HW 00 04 01 10 is added to


11T.4.

Amended

Paragraph T.4., in Condition T. Cancellation under Conditions in form HW 00 04 01 10 is reformatted and


over 90 days.

11T.4.

Amended

Paragraph T.4. in Condition T. Cancellation under Conditions in form HW 00 04 01 10 is amended to

express the 180 day notification requirement under Section 627.4133(2).

14T.5. & T.6


15U.

Amended

Condition U. Nonrenewal under Conditions in form HW 00 04 01 10 is amended to read the same as the


12U.5.b.

Amended

Condition U.5.b. Nonrenewal under Conditions in form HW 00 04 01 10 is amended to re-express the


form HO 01 09.

Page 4 of 8

Summary of Changes


Page Item Change

Blanket

Change

Blanket


Blanket

Change

Blanket


2Coverage A -

Dwelling

Paragraph 1.c. added from Increased Loss Assessment coverages form HW 04 35. Remaining

paragraphs renumbered. This paragraph complies with 2008 changes to Section 718.111(11)(g)1. Florida

statute.

5

Loss Assess-

ment

Amended

Paragraphs 5.a. and 5.c.under D. Additional Coverages 5. Loss Assessment amended to indicate $2,000.

5

Loss Assess-

ment

Amended

Paragraph 5.d.added from Increased Loss Assessment Coverage form HW 04 35. Remaining

paragraphs renumbered.

Blanket

Change

Blanket

Change


number follows.

82.

Amended



"Whether" is added to the last paragraph. The exclusion text is the exact same text in the same the

exclusion under OIR approved companion filing 09-07326.

83.

Amended






9B.5.c.

Amended



9B.5.d.

New




10E.1.

Amended






Services.

10E.2.

Amended


Appraisal under Conditions in form CIT HW 00 06 01 10 is amended to comply with the OIR request

under companion form filing 09-07326.

10F.

Amended

Condition F. Other Insurance And Service Agreement in form HW 00 06 01 10 is deleted and replaced

with the Other Insurance And Service Agreement Condition from the Increased Loss Assessment

Coverage form HW 04 35 01 09.

11H.

Amended



Page 5 of 8

Summary of Changes


Page Item Change

11K.

Amended

The first paragraph in the Mortgage Clause condition K. under Conditions is amended to add "and

lienholder."

12U.

Amended

Condition U. Cancellation under Conditions in form HW 00 02 01 10 is amended to comply with changes



12U.2.

Amended

Paragraph U.2. in Condition U. Cancellation under Conditions in form HW 00 06 01 10 is amended to


12U.3.b.(2)

Amended

Paragraph U.3.b.(2) in Condition U. Cancellation under Conditions in form HW 00 06 01 10 is amended to



12U.3.c.

Amended

Paragraph U.3.c. in Condition U Cancellation under Conditions in form HW 00 06 01 10 is amended to


13U.4.

Amended

Paragraph U.4., in Condition U. Cancellation under Conditions in form HW 00 06 01 10 is reformatted and


over 90 days.

13U.3.b.(6)

Amended

Paragraph 3.(b)(6). in Condition U. Cancellation under Conditions in form HW 00 06 01 10 is added to


13U.4.

Amended

Paragraph U.4.(Previoulsy text following U.3.c.(5)) in Condition U. Cancellation under Conditions in form

HW 00 06 01 10 is amended to express the 180 day notification requirement under Section 627.4133(2).

13U.5. & U.6.


13V.

Amended

Condition V Nonrenewal under Conditions in form HW 00 06 01 10 is amended to read the same as the


14 V.5.b.

Condition V.5.b. Nonrenewal under Conditions in form HW 00 06 01 10 is amended to re-express the


form HO 01 09.

Page 6 of 8

Summary of Changes

PR-W Homeowner Wind Endorsements

Form Change Type

HW 01 10 01 10

Residual Market

Special Provisions -

Florida

Amendment

HW 04 35 01 10

Increased Loss

Assessment

Coverage

Amendment

Page 7 of 8

Summary of Changes

PR-W Homeowner Wind Endorsements

Change

Following the "Agreement" section in this endorsement, the reference to paragraph 4 is amended to

paragraph 5. of Condition U. Cancellation under the part that reads: "Under the CONDITIONS section of

your policy, paragraph 5. of Condition U. Cancellation is deleted and replaced with:"

Under the Depopulation part of this endorsement which amends the Nonrenewal Condition, the reference

to statute is removed and specific reference to statue is replaced with "Florida law."

Items 3., 4. and 5. are deleted as removed into Homeowners 6 - Unit-Owners Wind Only Form HW 00 06

01 10 . Name of endorsement is amended.

Page 8 of 8

James R. Malone, Chairman, Collier County William P. Corry, Indian River County ● Carol Everhart, Pinellas County ● Earl Horton, Pinellas County

Sherrill W. Hudson, Miami-Dade County ● Allan Katz, Leon County ● Carlos Lacasa, Hillsborough County Thomas Lynch, Palm Beach County ● Scott Wallace, President/CEO & Executive Director

– 1 –

CITIZENS PROPERTY INSURANCE CORPORATION 101 NORTH MONROE STREET, SUITE 1000 TALLAHASSEE, FLORIDA 32301 TELEPHONE: (850) 513-3700 FAX: (850) 513-3900

June 15, 2009 Richard Koon Director of Property and Casualty Product Review Office of Insurance Regulation 200 East Gaines Street Tallahassee, Florida 32399-0330

Re: Form Filing – Homeowners (Wind)

Dear Mr. Koon; Citizens Property Insurance Corporation respectfully submits this form filing to make several changes to the existing homeowners wind forms. We are amending the mediation or appraisal condition, amending cancellation and nonrenewal conditions to comply with recent Florida statute 627.4133, incorporating recent Insurance Services Office, Inc. changes to the water damage exclusion and making other changes. I certify that the policy forms and endorsements submitted in this filing meet the Florida Readability Requirements. If you have any questions regarding this form filing, please contact me at (904) 208-7128. Sincerely,

David Backus Senior Product Analyst Product Development Citizens Property Insurance Corporation Attachments:

Filing DetailsWork Unit Number: W09-525044

Filing Purpose: Forms Only

Product: Homeowners Multi-Peril

Date Created: 6/14/2009 12:22:36 PM

Filing Name: PR-W HW 1-2010 Form Filing

Company DetailsCompany Name FEIN NAIC CC NAIC GC

CITIZENS PROPERTY INSURANCE CORPORATION 593164851 10064

Filing Originator InformationCompany E-Mail: [email protected]

Contact Name: Mr. David C Backus

Contact Title: Senior Product Analyst

Professional Designation:

Contact E-mail: [email protected]

Street Address: 7215 Financial Way

Suite/Room #:

P.O. Box Mailing Address:

Department: Product Development

City: Jacksonvilee

State: fl

Zip Code: 32256

Country: USA

Non US Postal Code:

Phone Number: 904-208-7128 Ext

Fax Number: 904-281-2666

Toll Free Number: Ext

Non US Phone Number:

Company Contact InformationCompany E-Mail: David.Backus@Citizensfla. com

Contact Name: Mr. David C Backus

Contact Title: Senior Product Analyst

Professional Designation:

Contact E-mail: [email protected]

Street Address: 7215 Financial Way

Suite/Room #:

P.O. Box Mailing Address:

Department: Product Development

City: Jacksonvilee

State: fl

Zip Code: 32256

Country: USA

Non US Postal Code:

Phone Number: 904-208-7128 Ext

Fax Number: 904-281-2666

Toll Free Number: Ext

Non US Phone Number:

General InformationCompany Filing Number W09W09--525044525044

New Business Effective Date / /11 11 20102010

Renewal Business Effective Date / /11 11 20102010


Are you writing new business in Florida for this line of business? Yes

Filing Content InformationThis is a Forms Only filing.

This filing contains:

Form(s) & Endorsement(s)

Type of Coverage:

Homeowners/Mobile Homeowners/Dwelling Fire

File Usage:

PRIOR APPROVAL

Uploaded DocumentsDocument Type Filenet Number Form Number Title

Explanatory Memorandum 0 Explanatory Memorandum

Forms 0 HW 01 10 01 10 Strike & Delete


Miscellaneous 0 Flesch Score HW 00 02 01 10





Forms 0 HW 00 02 01 10 Homeowners 2 - Wind Only Form

Forms 0 HW 00 04 01 10 Homeowners 4 - Contents Wind Only Form

Forms 0 HW 00 06 01 10 Homeowners 6 -Unit-Owners Wind Only Form

Forms 0 HW 01 10 01 10 Residual Market Special Provisions - Florida

Forms 0 HW 04 35 01 10 Increased Loss Assessment Coverage


Forms 0 HW 00 04 01 10

Forms 0 Hw 00 06 01 10 Strike & Delete

Explanatory Memorandum 0 Summary of Changes

Cover Letter 0 Cover Letter

Forms to Be ReviewedForm Number Form Title Previous Filing Number Previous Form Number Previous Form Effective Date

HW 00 02 01 10 Homeowners 2 - Wind Only Form 08-12073 HW 00 02 09 08 9/1/2008

HW 00 04 01 10 Homeowners 4 - Contents Wind Only Form 08-12073 HW 00 04 09 08 9/1/2008

HW 00 06 01 10 Homeowners 6 -Unit-Owners Wind Only Form 08-12073 HW 00 06 09 08 9/1/2008

HW 01 10 01 10 Residual Market Special Provisions - Florida 07-19900 HW 01 10 09 08 9/1/2008

HW 04 35 01 10 Increased Loss Assessment Coverage 09-01444 HW 04 35 01 09 5/1/2009

Filing Certification I certify that I am authorized to make this Forms or Rate/Rule filing on behalf of the company(s) referenced herein. I further certify that the information contained in related

transmittals and the filing is true, complete, correct and, to the best of my knowledge, in compliance with all applicable Florida laws and administrative rules including applicable policy readability standards.

Name: David C. Backus

Title: Senior Product Analyst

Filing DetailsWork Unit Number: W09-525044

Filing Purpose: Forms Only


Date Created: 6/14/2009 12:22:36 PM

Filing Name: PR-W HW 1-2010 Form Filing

Interrogatories

1. Are you someone other than an employee of the company who is making this filing on behalf of the company? Yes No

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2. Are you simultaneously making a form filing for any other line(s) of business? (Is so, provide the description of the line(s).) Memo Response: PR-W Dwelling Wind PR-W Mobile Homeowner Wind PR-W Mobilehome Dwelling Wind

Yes No

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