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Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 1 of 62 PAGEID #: 11

EXHIBIT C
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 2 of 62 PAGEID #: 12
SUMMONS
WARREN COUNTY COURT OF COMMON PLEAS
500 JUSTICE DRIVE - P.O. BOX 238
LEBANON, OHIO 45036

CASE # 22CV095248

MARK MESSER, ET. AL.

VS

ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY

TO THE FOLLOWING NAMED PARTY:

ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY


C/O CT CORPORATION SYSTEM
4400 EASTON COMMONS WAY SUITE 125
COLUMBUS, OH 43210

You have been named in a complaint filed in this court by the following party:

MARK MESSER, ET. AL.

You are hereby summoned and required to serve upon the plaintiffs attorney, or upon the plaintiff if
he has no attorney of record, a copy of your answer to this complaint within twenty-eight(28) days
after service of this summons upon you, excluding the date of service. Your answer must also be
filed with our court within three days after the service of a copy of the answer on the plaintiffs
attorney.

Failure to appear and present a defense to this complaint will result in a judgment by default being rendered
against you for the relief demanded in the complaint.

The address of his/her attorney is:

MATTHEW S BROWN
950 GOODALE BOULEVARD
SUITE 200
COLUMBUS, OH 43212

James L. Spaeth, Clerk of Courts


500 Justice Drive - P.O. Box 238
Lebanon, Ohio 45036

By:
HEATHER LAMB, DEPUTY CLERK
June 28, 2022

IF THE ABOVE NAMED DEFENDANT IS A CORPORATION PLEASE REFER TO OHIO REVISED


CODE 4705.01.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 3 of 62 PAGEID #: 13

COMMON,PEL:EAS ,,
ICOUR.PT
IN THE COURT OF COMMON PLEAS FOR WARREN COUNTY, amdfoEN COUNT Y.OHIO
CIVIL DIVISION FILED

2022 JUN 23 AM II: 58


MARK MESSER : CASE NO.:
JAMES L. SPAETFi
25 West Orchard Avenue 22n/95V-7151
CLERK OF COURTS
Lebanon, Ohio 45036-2107 : JUDGE
Qfy
and

JENNIFER MESSER
25 West Orchard Avenue
Lebanon, Ohio 45036-2107

Plaintiffs,

V.

ALLSTATE VEHICLE AND PROPERTY


INSURANCE COMPANY
C/O CT Corporation System
4400 Easton Commons Way, Suite 125
Columbus, Ohio 43210

Defendant.

PLAINTFFS MARK MESSER AND JENNIFER MESSER'S COMPLAINT FOR BREACH


OF CONTRACT,DECLARATORY JUDGMENT AND BAD FAITH

(JURY DEMAND ENDORSED HEREON)

NOW COMES Plaintiff Mark Messer and Jennifer Messer, by and through undersigned

counsel, and for their Complaint against the Defendant Allstate Vehicle and Property Insurance

Company states as follows for breach of contract, bad faith, and declaratory judgment following

the destruction of his home:

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EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 4 of 62 PAGEID #: 14

JURISDICTION AND VENUE

1. Plaintiffs Mark Messer (Mr. Messer)' and Jennifer Messer (Mrs. Messer)

(collectively the "Messers" or "Insureds") are individuals, residing at 25 West Orchard Avenue,

Lebanon, Ohio 45036-2107 in Warren County.

2. Defendant Allstate Vehicle and Property Insurance Company ("Allstate") is a

corporation that provides property and casualty insurance policies, with corporate offices located

at 2775 Sanders Road, Northbrook, Illinois 60062.

3. Allstate maintains offices nationwide, including many throughout the state of Ohio,

and issued a policy declaration for "House & Home"(the "Policy"), bearing policy number 826

041 380 to the Plaintiff that was effective April 30, 2021 for the property located at 25 West

Orchard Avenue, Lebanon Ohio 45036 in Warren County, Ohio (the "Subject Property"). The

Policy in effect at the time of the loss is attached as Exhibit A.

4. Jurisdiction and venue are proper in this forum pursuant to both Rule 3(B)(3) and

3(B)(6) of the Ohio Rules of Civil Procedure. Defendants conducted activity, and the claim for

relief arose in Warren County.

STATEMENT OF FACTS

5. The Messers incorporate and restate the above paragraphs as if fully rewritten

herein.

6. A loss by fire (the "Fire") occurred around at 12:00 A.M., on August 14, 2021 at

the Messers personal residence and Subject Property at 25 West Orchard Avenue, Lebanon, Ohio

45036("Home").

7. At all relevant times, the Home was insured by Allstate pursuant to an insurance

policy issued by Allstate. See, Exhibit A.

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EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 5 of 62 PAGEID #: 15

8. The Policy includes coverage for "dwelling protection," "other structures

protection," "Personal Property Protection," "Additional Living Expense[s]," "Family Liability

Protection," "Guest Medical Protection," and "Water Back-Up." The Policy also includes a

mortgagee clause that requires Allstate to protect the mortgagee's interest in the property after

damage to the building structure. Exhibit A.

9. The Messers made all premium payments required by the Policy. Upon information

and belief, the premiums are still being paid to Allstate even though the Home and personal

property has been destroyed leaving nothing left to insure.

10. As a result of the Fire, the Home and all personal property within the Home has

been destroyed.

1 1. Immediately after the Fire, Allstate received prompt notice of same. Upon

Allstate's demand, the Messers provided a Sworn Statement in Proof of Loss reflecting a loss of

at least $506,417. Allstate was provided with a detailed, itemized and line-by-line, 32-page report

of the personal property loss suffered by the Insureds. The Messers loss exceeds the policy limit.

12. In November 2021, Allstate demanded that the Messers produce voluminous

documents including federal and state income tax returns, bank statements, phone records, lenders

for mortgage records, remodeling documents from third parties, and communications with their

insurance agent. Many of these documents were destroyed in the Fire thereby requiring the

Messers to compile them from third parties. Allstate also demanded Mr. Messer's personal

Facebook archive, including allowing Allstate to have direct access to his account.

13. Most of the documents and information Allstate demanded were not required to be

provided to Allstate. Nevertheless, the Messers complied with Allstate's demands. The Messers

hoped that doing so would result in prompt payment by Allstate. The Messers also complied

3
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 6 of 62 PAGEID #: 16

because Allstate misrepresented the terms ofthe Policy by stating or implying that the information

and documents were required to be produced when, in fact, they were not.

14. After receiving the documents, Allstate demanded that the Messers submit to an

examination under oath ("EUO"). Allstate's demand for an EUO was not based on any good faith

investigation into the Messers' claim; rather, it was intended to intimidate the Messers and delay

the ultimate resolution of the claim.

1 5. Again, the Messers complied and answered Allstate's questions at the EUO.

16. After submitting all documents demanded by Allstate and submitting to an EUO,

Allstate refused to indemnify their insured for their loss. Allstate claims that it is still in the process

of investigating the claim 10 months after the Fire.

1 7. Allstate has not denied coverage of the claim. Despite the lack of denial, Allstate

refuses to compensate the Messers, their Insured, for their loss.

18. The delays by Allstate have caused increased harm to the Messers. Since the Fire,

inflation in the United States has been rampant. The price of all goods and services since August,

2021 have increased anywhere from 10% to 40%. The cost of construction materials and labor is

at the high end of the inflation spectrum. Due to Allstate's foot dragging and unwarranted delays,

the cost to reconstruct the Messers home has increased substantially. Because the loss was a total

loss, the cost will now exceed the policy limit. Had Allstate indemnified their insured, or paid off

the mortgage as required by the terms of the policy, the Messers would have been able to proceed

with reconstruction at August, 2021 prices. Instead, they will be required to rebuild their lives at

August, 2022 prices, which could be an increase of nearly $100,000.

4
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 7 of 62 PAGEID #: 17

COUNT ONE: BREACH OF CONTRACT

19. The Messers incorporate and restate the above paragraphs as if fully rewritten

herein.

20. The Messers purchased a policy of insurance whereby Allstate promised to insure

the home, Subject Property, against loss caused by fire. The Policy insured the dwelling, other

structures, and personal property. The Policy also provides for Additional Living Expenses.

21. The Messers fulfilled their obligations under the contract by timely paying the

Policy's premiums and satisfying all conditions necessary for coverage and to file this lawsuit

against Allstate.

22. The losses suffered by the Messers are covered losses. There are no exclusions that

apply that would deny them coverage for their loss.

23. Allstate breached the contract by breaking their promise to the Messers. Allstate

refuses to provide coverage for losses caused by the August 14, 2021 Fire. This includes, without

limitation, refusing to issue payment for the full amount of loss available under the "dwelling

protection" coverage; refusing to issue payment under the "mortgagee" provision; and refusing to

issue payment under the "personal property" coverage.

24. As a direct, foreseeable, and proximate result of Allstate's breach of contract, the

Messers have suffered damages in excess of $25,000. This amount does not include the payment

the Defendant was required to make under the "mortgagee" section of the Policy and does not

include further amounts to be proven at trial.

COUNT TWO:DECLARATORY JUDGMENT

25. The Messers incorporate and restate the above paragraphs as if fully rewritten

herein.

5
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 8 of 62 PAGEID #: 18

26. The Messers purchased a policy ofinsurance from Allstate, through the Victor Gray

Agency, that insured the Home against losses caused by a fire. The Policy insured the dwelling

and personal property and 'contains numerous additional coverages and protections.

27. The Fire destroyed the Home and the personal property belonging to the Messers

and others.

28. Allstate has not denied coverage for the loss caused by the Fire. Yet, Allstate

refuses to indemnify the Messers, notwithstanding their above and beyond cooperation with

demands for documentation and infon-nation outside of the scope of the Policy.

29. The following provisions provide that the loss caused by the Fire is covered by the

Policy (bolding present in original document)(Labeled as Exhibit A):

Section I—Your Property

* * *

Dwelling Protection—Coverage A

Property We Cover Under Coverage A:

I. Your dwelling, including attached structures. Structures connected to


your dwelling by only a fence, utility line, or similar connection are not
considered attached structures.

2. Construction materials and supplies at the residence premises for use


in connection with your dwelling.

3. Wall-to-wall carpeting fastened to your dwelling.

Other Structures Protection—Coverage B

Property We Cover Under Coverage B


1. Structures at the address shown on the Policy Declarations separated
from your dwelling by clear space.
2. Structures at the address shown on the Policy Declarations connected to
your dwelling by only a fence, utility line, or similar connection.

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EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 9 of 62 PAGEID #: 19

3. Construction materials and supplies at the residence premises for use in


connection with structures other than your dwelling.

4. Wall-to-wall carpeting fastened to building structures other than your


dwelling, at the address shown on the Policy Declarations.

Personal Property Protection — Coverage C

Property We Cover Under Coverage C:

I. Personal property owned or used by an insured person


anywhere in the world. When personal property is located away from
the residence premises, coverage is limited to 10% of Personal
Property Protection — Coverage C.

30. In failing to provide coverage for the Fire that destroyed The Messers' home,

Allstate has failed to uphold their terms of the Policy agreement it entered with the Messers.

31. Accordingly, the Messers are entitled to declaratory judgment establishing that the

Home is covered under Coverage A, Coverage B, and Coverage C of the Policy and that certain

additional coverages are applicable to the claim as well and that no exclusions apply that would

deny the Messers coverage under the policy.

COUNT THREE: BAD FAITH

32. The Messers incorporate and restate the above paragraphs as if fully rewritten

herein.

33. Allstate has acted in Bad Faith in numerous ways since they were informed of the

loss to the Insureds home. This includes, but is not limited to, false statements pertaining to the

terms of the Policy and the obligations of the insured following the loss, refusal to pay the

mortgagee, and foot dragging to delay payment on the claim.

34. In a letter dated September 28, 2021 sent to their insured, Allstate misrepresented

the Policy requirements and conditions following a loss.

7
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 10 of 62 PAGEID #: 20

35. The following are the Policy terms pertaining to the Conditions for Coverage under

Section I (bolding was present in original document)(Labeled as Exhibit A):

3. What You Must Do After A Loss

In the event of a loss to any property that may be covered by this policy, you
must:

a) immediately give us or our agent notice. Report any theft to the police
as soon as possible.

b) protect the property from further loss. Make any reasonable repairs
necessary to protect it. Keep an accurate record ofany repair expenses.

c) separate damaged from undamaged personal property. Give us a


detailed list ofthe damaged,destroyed or stolen property, showing the
quantity, cost, actual cash value and the amount of loss claimed.

d) give us all accounting records, bills, invoices and other vouchers, or


certified copies, which we may reasonably request to examine and
permit us to make copies.

e) produce receipts for any increased costs to maintain your standard of


living while you reside elsewhere, and records supporting any claim
for loss of rental income.

0 as often as we reasonably require:

1) show us the damaged property. We have a right to reasonable


and safe opportunities to view and inspect the loss as often as
necessary, unimpeded by actions of you or others, including,
but not limited to, civil, governmental or military authorities,
that prevent us from viewing and inspecting the loss. We may
require you to accompany us when we conduct these
activities.

2) at our request, submit to examinations under oath, separately


and apart from any other person defined as you or insured
person and sign a transcript of the same.

3) produce representatives, employees, members of the insured


person's household or others to the extent it is within the
insured person's power to do so; and

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EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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g) within 60 days after the loss, give us a signed, sworn proofofthe loss.
This statement must include the following information:

1) the date, time, location and cause of loss;

2) the interest insured persons and others have in the property,


including any encumbrances;

3) the actual cash value and amount of loss for each item
damaged, destroyed or stolen;

4) any other insurance that may cover the loss;

5) any changes in title, use, occupancy or possession of the


property that have occurred during the policy period; and

6) at our request, the specifications of any damaged building


structure or other structure.

36. Allstate's September 28, 2021 correspondence to the insured contradict the policy

terms and conditions. It provides (Labeled as Exhibit B):

Thefollowing is reproducedfrom your policy:

WHAT YOU MUST DO AFTER A LOSS:

In the event of a loss to any property that this insurance may cover, you must
do thefollowing things:

A. Promptly give us or our agent written notice. Report any theft to the
police. Ifthe loss involves a credit cardor charge plate, written notice
must also be given to the company that issued the card or plate.

B. Protect the property from further loss. This includes making reasonable
and necessary repairs to protect it.

C. Promptly separate the damaged from undamaged personal property. Give


us a detailed list of the damaged, destroyed, or stolen property, showing
the quantity, cost, actual cash value, and the amount of the loss claimed.

D. Give us all original bills, invoices and other vouchers, or certified copies,
which we may reasonably request and keep an accurate record of any
repair expenses.

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EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 12 of 62 PAGEID #: 22

E. Produce receipts for any increased costs to maintain your standard of


living while you reside elsewhere, and records pertaining to any loss of
rental income.

F. Show the damaged property whenever we reasonably ask. At our request,


submit to examinations under Oath, separately and apart from any other
person. Produce representatives, employees, members of the Insured's
household at our request within the insured's power to do so.

G. Within 60 days after the loss, give us a signed, Sworn Proof of Loss. This
statement should include the following information:

1. The time and cause of the loss.

2. The interest you and others have in the property, including any
encumbrances.

3. The actual cash value and amount of loss of each item damaged
or destroyed.

4. Other insurance that may cover the loss.

5. Changes in title, use occupancy, or possession of the property


during the policy period.

6. The specifications of any damaged building alteration or


improvement we may request.

7. Evidence supporting a claim under the Credit Card and Check


Forgery protection, this should state the cause and the amount of
the loss.

(Emphasis reflects the differences between the correspondence and the policy

terms and conditions).

37. Despite not being required to by the Policy, but being represented as such by

Allstate, the Messers provided Allstate with income tax returns, bank statements (individual and

business), business financial records, cell phone records with telephone calls and text messages

reflected therein, mortgage records, name and contact information for anyone who performed

10
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 13 of 62 PAGEID #: 23

repairs at the property, Facebook account information, prior claim history, and an authorization to

obtain information signed by Mr. Messer.

38. Also not required by the Policy, but demanded by Allstate, were documents relating

to repairs, remodeling and improvement including emails, letters, text messages, etc., documents

and information pertaining to security monitoring systems, correspondence with Lebanon and

correspondence with Victor Gray Insurance Agency.

39. On May 12, 2022 Allstate demanded additional documents not required by the

policy including an Excel spreadsheet with transactions from February 7, 2022 through March 3,

2022, Mortgage Statements available in a file that is not password protected, correspondence with

Lebanon, records from K&S Cabinetry, identification of the names and phone numbers on the cell

phone logs, permits filed with Lebanon, forensic image Mr. Messer's cell phone.

40. Allstate's demands were predicated under a fabricated "duty to cooperate" clause

that does not exist in the Policy for this claim. Despite, this fabrication, the Messers have gone

above and beyond the Policy requirements in a desperate attempt to speed up the claims process.

41. Allstate has an obligation to exercise good faith in handling of claims, including

that of the Messers. By sending correspondence that falsely stated the alleged "requirements" of

the Messers policy, and by demanding an excess of documents from the Messers that are not

required by the terms of the Policy, Allstate has violated this obligation of good faith.

42. Allstate does not have a reasonable justification to deny the Messers' claim

submitted, and it has intentionally delayed processing the claim. Allstate's actions are intended to

cause the Messers to miss the deadline to sue Allstate, which Allstate has hidden from the insureds.

The Policy has an "Action Against Us" section that requires the filing of a suit from one year of

11
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 14 of 62 PAGEID #: 24

the date of the cause of action. Allstate has refused to advise their insured of this provision and are

delaying their claim handling to extend beyond this deadline.

43. The delay in claim handling has resulted in actual damages to the insured as the

cost of construction materials and labor has greatly increased since August, 2021. The Messers

will be unable to rebuild their Home and replace their personal property within the Policy limits

now due to the increased cost of same, which such increased loss would not have occurred but for

Allstate's foot dragging and delayed claims handling.

44. Allstate has engaged in bad faith claims handling by refusing to pay the mortgagee

pursuant to the mortgagee clause. As a result, the Messers are continuing to pay for a mortgage

(and paying interest) on a Home that no longer exists. The Messers are continuing to pay for

insurance coverage through Allstate on a Home that no longer exists. Allstate continues to collect

a premium for a Home it no longer insures.

45. Allstate has engaged in further acts of bad faith in their claim handling as will be

evinced in discovery.

46. As set forth in Ohio Admin. Code §3901-1-54(E) and in violation thereof, Allstate

repeatedly misrepresented Policy provisions to the Messers.

47. As set forth in Ohio Admin. Code §3901-1-54(G) and in violation thereof, Allstate

engaged in dilatory claims handling and refused to pay the full amount of the claim thereby

compelling its insured to file suit to recover that which is otherwise owed.

48. Allstate's violation of the Ohio Administrative Code's provision for unfair claims

settlement practices, as set forth, though not limited, herein, constitutes bad faith claims handling.

49. Due to Allstate's bad faith, the Messers have been damaged in an amount in excess

of$25,000 with the exact amount to be proven at trial.

12
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 15 of 62 PAGEID #: 25

WHEREFORE,The Messers demand judgment against Allstate for the following relief:

A. Regarding Claim One:judgment in favor ofthe Messers and against Allstate

and damages in excess of $25,000, plus interest at the statutory rate of interest, with the

exact amount to be determined at trial;

B. Regarding Claim Two: declaratory judgment in favor of the Messers and

against Allstate as described herein.

C. Regarding Claim Three: judgment in favor of the Messers and against

Allstate and damages in excess $25,000, plus interest at the statutory rate of interest, with

the exact amount to be determined at trial.

D. Such other legal and equitable relief to which the Messers may be entitled

in law or in equity, including, but not limited to, costs of the action and attorney's' fees in

an amount to be determined.

Respectfully submitted,

CARLILE PIATICHEN &MURPHY LLP

By:
Matthew S. Brown (O€77687)
950 Goodale Boulevard, Suite 200
Columbus, Ohio 43212
Tele: (614) 228-6135
Fax: (614) 221-0216
Email: [email protected]
Attorneysfor Plaintiffs
Mark and Jennifer Messer

JURY DEMAND

Plaintiffs demand a trial by jury on all issues presented herein.

Matthew S. Brown 077687)

13
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 16 of 62 PAGEID #: 26

Allstate
You're in good hands.

Claim# 0637058124 EXHIBIT

To Whom It May Concern:


I A
Nimbajirao Patil, employee of Allstate Insurance Company Irving, Texas,

do certify that the enclosed is a copy of policy and or declaration page for the above

claim number, showing the coverages that were on the policy at the time of loss

of 08/14/2021

Ala-rtearezz)

Claim Support

State of Texas, County of Dallas

On this 15th day of October 2021, before me personally

appeared Nimbajirao Patil to me known to be the person who executed the

foregoing instrument and acknowledged that he/she executed the same as a free act

and deed.

OLIVIA LEACH
I .4.
• SNotary Public, State of Texas Notary Public
r. • Comm. Expires 01-16-2024
• rAl.
174•••ca+,§'
1.1 : Notary 10 132316117
; 'orsogtoo

Confidential Information
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 17 of 62 PAGEID #: 27

Allstate.
You're in good hands.

I nformation as of July 12, 2021


Victor Gray Ins Agy Policyholder(s) Page 1 of 2
7324 Kingsgate Way C
West Chester OH 45069 Mark Messer, Jennifer Messer
Policy number
826 041 380
Your Allstate agency is
Victor Gray Ins Agy
(513)755-5550
1111111111 111111111111111111 11"11111111111111111111111'11111111 [email protected]
M ARK MESSER
25W ORCHARD AVE
LEBANON OH 45036-2107

We're Confirming Your Policy Change


Thank you for the opportunity to help take care of your insurance needs. We want to let you know that we've
made the change(s) you requested to your policy.
Please look over all the information in this mailing. Inside you'll also find a guide to what's in this package and
answers to some common questions.

What has changed?


The enclosed Amended Policy Declarations provides a detailed list of the coverages, coverage limits and
coverage costs for your House & Home policy. It also shows the following changes to your policy:
1st Mortgage information has been changed.
The change took effect on 07/13/2021.

How to contact us
Give your Allstate Agent a call at(513)755-5550 if you have any questions. It's our job to make sure you're in
good hands.

Sincerely,

J ulie Parsons
President, Allstate Vehicle and Property Insurance Company
EP113-1

5-
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 18 of 62 PAGEID #: 28

Policy number: 826 041 380 Page 2 of 2


Policy effective date: April 30, 2021

Your Insurance Coverage Checklist


We're happy to have you as an Allstate customer! This checklist outlines what's in this package and provides answers to some
basic questions, as well as any "next steps" you may need to take.

O What's in this package? O What about my bill?


See the guide below for the documents that are included. U nless you've already paid your premium in full, we'll send
Next steps: review your Policy Declarations to confirm you your bill separately. Next steps: please pay the minimum
have the coverages, coverage limits, premiums and amount by the due date listed on it.
savings that you requested and expected. Read any You can also pay your bill online at Allstate.com/support
Endorsements or Important Notices to learn about new or through the Allstate mobile app. If you're enrolled in the
policy changes, topics of special interest, as well as Allstate® Easy Pay Plan, we'll send you a statement
required communications. Keep all of these documents detailing your payment withdrawal schedule. Para
with your other important insurance papers. espatiol, Ilamar al 1-800-979-4285.

O Am I getting all the discounts I should? O What if I have questions?


Confirm with your Allstate Agent that you're benefiting Visit Allstate.com/support to browse our list of frequently
from all the discounts you're eligible to receive. asked questions and find information regarding billing or
policy documents. You can also create an online account
to access and manage your policies. Para espatiol, Ilamar
at 1-800-979-4285.

A guide to your amended package

Policy Important Insurance Made


Declarations* Notices Simple
The Policy We use these I nsurance seem
Declarations notices to call complicated?
lists policy attention to Our online
details, such as particularly guides explain
your property important coverage terms
details and coverages, policy and features:
coverages. changes and w ww.allstate.comi
madesimole
discounts.
Esoanol.allstate.com
/facildeentender

* To make it easier to see where you may have gaps in your protection, we've highlighted any coverages you do not have in the
Coverage Detail section in the enclosed Policy Declarations.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 19 of 62 PAGEID #: 29

Amended House & Home Policy Declarations


Your policy effective date is April 30, 2021
Allstate
You're in good hands.

Page 1 of 3

Information as of July 12, 2021


Total Premium for the Policy Period
Premium for property insured $877.25 Summary
Total $877._25) Named Insured(s)
=- Mark Messer, Jennifer Messer
Mailing address
Discounts (included in your total premium) 25 W Orchard Ave
Protective Device $31.21 Multiple Policy $293.81 Lebanon OH 45036-2107
Claim Free $133.86 Home Buyer $9.47 Policy number
Loyalty $81.88 Responsible Payment $284.62 826 041 380

Total discount savings $834.85 Your policy provided by


Allstate Vehicle and Property
Insurance Company
Policy period
Insured property details* Beginning April 30,2021 through April
Please review and verify the information regarding your insured property. Please 30,2022 at 12:01 a.m. standard time
refer to the Important Notice (X73182-1)for additional coverage information.
Your Allstate agency is
Contact us if you have any changes. Victor Gray Ins Agy
Location of property insured: 25 W Orchard Ave, Lebanon, OH 45036-2107 7324 Kingsgate Way C
West Chester OH 45069
Dwelling Style:
(513)755-5550
Built in 1900; 1 family; 2289 sq. ft.; 2 stories
[email protected]
Foundation:
Below grade basement,50% Slab at grade,50% Some or all of the information on your
Attached structure: Policy Declarations is used in the rating
of your policy or it could affect your
One 1-car carport
eligibility for certain coverages. Please
Interior details: notify us immediately if you believe
One builders grade kitchen One single fireplace that any information on your Policy
Two builders grade full baths One softwood straight staircase Declarations is incorrect. We will make
Exterior wall type: corrections once you have notified us,
100% aluminum siding and any resulting rate adjustments, will
be made only for the current policy
Interior wall partition: period or for future policy periods.
100% drywall Please also notify us immediately if you
Heating and cooling: believe any coverages are not listed or
Average cost heat & central air are inaccurately listed.
conditioning, 100%
Additional details:
Standard wood sash with glass, 100% I nterior wall height - 8 ft, 100%
Two exterior wood doors
Fire protection details:
Fire department subscription - no 1 mile to fire department
OH070AMD

Roof surface material type:

(continued)

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 20 of 62 PAGEID #: 30

Amended House & Home Policy Declarations Page 2 of 3


Policy number: 826 041 380
Policy effective date: April 30, 2021

Insured property details*(continued)


Composition
• 100% asphalt/ fiberglass shingle

Roof details:
Predominant roof type: Composition Age of roof - 3 years
Roof geometry - Gable

Mortgagee
1ST NATIONAL BANK
P 0 Box 119, Lebanon, OH 45036-0119
Loan number: 61115880

Additional Interested Party - None


*This is a partial list of property details. If the interior of your property includes custom
construction, finishes, buildup, specialties or systems, please contact your Allstate
representative for a complete description of additional property details.

Coverage detail for the property insured


Coverage Limits of Liability Applicable Deductible(s)
Dwelling Protection $289,381 • $1,000 Windstorm and Hail
• $1,000 All other perils
Other Structures Protection $14,470 • $1,000 Windstorm and Hail
• $1,000 All other perils
Personal Property Protection $217,036 • $1,000 Windstorm and Hail
•$1,000 All other perils
Additional Living Expense Up to 24 months not to exceed $115,753
Family Liability Protection $300,000 each occurrence
Guest Medical Protection $5,000 each person
Building Codes Not purchased*
Building Structure Reimbursement Not purchased*

OH070AMD
Extended Limits
Roof Surfaces Extended Coverage Included
Water Back-Up $5,000 •$500 Water Back-Up
Other Coverages Not Purchased:
• Additional Fire Department • Extended Coverage on Musical • Identity Theft Expenses*
Charges* Instruments* • Increased Coverage on Business
• Building Materials Theft* • Extended Coverage on Sports Property*
• Dwelling in the Course of Equipment* • Increased Coverage on Theft of
9
Construction* • Extended Premises* Silverware*
• Electronic Data Recovery* • Fair Rental Income* • Loss Assessments* 0
• Extended Coverage on Cameras* • Golf Cart* • Mine Subsidence* co
• Extended Coverage on Jewelry, • Green Improvement* • Secondary Residence*
9
Watches and Furs* • Home Day Care* • Select Value*
• Yard and Garden*
co

(continued)

EXHIBIT C
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Amended House & Home Policy Declarations


Policy number:
Policy effective date:
,826 041380
April 30,2021
Page 3 of 3 Allstate
You're in good hands.

* This coverage can provide you with valuable protection. To help you stay current with
your insurance needs, contact your agent to discuss available coverage options and
other products and services that can help protect you.

Scheduled Personal Property Coverage


Your policy does not include Scheduled Personal Property Coverage. This coverage can provide you with valuable protection. To
help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and
services that can help protect you.

Your policy documents


Your House & Home policy consists of the Policy Declarations, any Policy Declarations Addendum, and the following
documents. Please keep them together.
• House & Home Policy - AVP81 • Roof Surfaces Extended Coverage Endorsement - AVP42
• Amendatory Endorsement - AVP381 • Depreciation Amendatory Endorsement - AP4970
• Windstorm and Hail Deductible Endorsement - AVP82 • Ohio Amendatory Endorsement - AVP103-3
• Water Back-Up Endorsement - AVP258

Important payment and other information


Here is some additional, helpful information related to your coverage and paying your bill:
I. The Property Insurance Adjustment condition applies using the Marshall Swift Boeckh Publications building cost index.
Do not pay. Mortgagee has been billed.

Allstate Vehicle and Property Insurance Company's Secretary and President have signed this policy with legal authority at
Northbrook, Illinois.

Q t4j.4...e Pc411.4)01—‘00
5<‘
' ' 14
Julie Parsons Susan L. Lees
President Secretary

OH070AMD

EXHIBIT C
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Page 1 of 1
Important notices
Policy number: 826 041380
Policy effective date: April 30, 2021

home's characteristics is provided in the "Insured property


Your Estimated Home Replacement Cost details" section of your Policy Declarations.
Allstate has determined that the estimated cost to replace Please note: Your Dwelling information is used to estimate
your home is: $289381. your home replacement cost. It's important to review and
We based your estimated cost on information provided by you update this information so we're using the most accurate
and selected data that was available to us, which is described details to estimate your home's replacement value.
in the "Insured property details" section of your Policy If the information about your home shown in your Policy
Declarations. Please review all the information in this section Declarations requires any change or if you have any questions
to ensure the accuracy of the information used to determine or concerns about the information contained in this Important
the estimated replacement cost of your home. Notice, please contact your Allstate representative, or call us
The enclosed Policy Declarations shows the limit of liability at 1-800-ALLSTATE.
applicable to Dwelling Protection-Coverage A of your
homeowners insurance policy. The estimated replacement X73182-1
cost of your home is the minimum amount for which we will
insure your home.
The decision regarding the limit applicable to your Dwelling
Protection-Coverage A is your decision to make, as long as, at
a minimum, your limit equals the estimated replacement cost
as determined by Allstate and does not exceed maximum
coverage limitations established by Allstate.
It is important to keep in mind that your Coverage A limits
reflect a replacement cost that is only an estimate based on
data that was available to us when we made this estimate (this
information is described in the "Insured property details"
section of your Policy Declarations). The actual amount it will
cost to replace your home cannot be known until after a
covered total loss has occurred. Please keep in mind that we do
not guarantee the adequacy of the estimate to cover any future
loss(es).

How Is the Replacement Cost Estimated?


Many factors can affect the cost to replace your home,
including its age, size, and type of construction. For example,
the replacement cost uses construction data, such as labor and
materials, that are available to us when we made this estimate.
This estimate is also based on characteristics of the home,
which include information that you provided to us. You might
have chosen to insure your home for a higher amount than the
estimated replacement cost shown above.

Note to Customers Renewing Their Policy


The estimated replacement cost for your home may have
changed since the last time we communicated this information
to you. This is because, at renewal, Allstate uses the home
characteristics that you have provided to us to recalculate and
update the estimated replacement cost. Using updated labor
and material rates for your zip code, Allstate takes the home
characteristics you have provided and determines the updated
estimated replacement cost. The information about your

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 23 of 62 PAGEID #: 33

The following endorsementchanges yourpoky.


Please read this documentcarefully andkeep it with yourpolicy.
Amendatory Endorsement <En> AP4970
Throughout the policy, when determining the actual cash value of the loss, the
costs necessary to repair, rebuild or replace the destroyed, damaged or stolen
property may be depreciated. Such costs subject to depreciation may include,
but are not limited to, goods, materials, equipment, labor, overhead and profit,
taxes,fees or similar charges.

All other policy terms and conditions apply.

EXHIBIT C
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Policy Endorsement Page 1 cif 1


Policy number
Policy effective date:
Your Allstate agency is

The following endorsement changes your policy.


Please read this document carefully and keep it with
your policy.
Roof Surfaces Extended Coverage
Endorsement - AVP42
In Section I Conditions, item 5,How We Pay For A Loss,
provision e)(titled "Building Structure Reimbursement.")the
fifth paragraph is replaced by the following!

Building Structure Reimbursement will not apply to:


1) property coveted under Personal Property
Protection-Coverage C;
2) property covered under Other Structures Protection-
Coverage B that is not a building structure;
3) wall-to-wall carpeting, fences, awnings and outdoor
antennas., whether or not fastened to a building
structure; or
4) land.

All other policy terms arid conditions apply.

EXHIBIT C
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Allstate
You're in good hands.

Page 1 of 29

ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY

House & Home


Policy
AVP81

Allstate Vehicle and Property Insurance Company


The Company Named in the Policy Declarations
A Stock Company---Home Office: Northbrook, Illinois 60062

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House & Home Policy Page 2 of 29

Table of Contents
Agreements We Make With You 4 Section I Conditions 18
Deductible 18
General 4 Insurable Interest And Our Liability 18
Definitions Used In This Policy 4 What You Must Do After A Loss 18
I nsuring Agreement 5 Our Settlement Options 19
Conformity To State Statutes 5 How We Pay For A Loss 19
Coverage Changes 5 Our Settlement Of Loss 21
Policy Transfer 6 Appraisal 21
Continued Coverage After Your Death 6 A bandoned Property 21
Cancellation 6 Permission Granted To You 21
Misrepresentation, Fraud Or Concealment 6 Our Rights To Recover Payment 21
What Law Will Apply 6 Our Rights To Obtain Salvage 21
Where Lawsuits May Be Brought 6 Action Against Us 22
Action Against Us 7 Loss To A Pair Or Set 22
Arbitration 7 Glass Replacement 22
Section I—Your Property 7 No Benefit To Bailee 22
Other Insurance 22
Dwelling Protection-Coverage A 7 Property Insurance Adjustment 22
Property We Cover Under Coverage A 7 Mortgagee 22
Property We Do Not Cover Under Coverage A 7 Mold, Fungus, Wet Rot And Dry Rot Remediation
Other Structures Protection-Coverage B 7 As A Direct Result Of A Covered Water Loss 22
Property We Cover Under Coverage B 7 Section II—Family Liability And Guest
Property We Do Not Cover Under Coverage B 7
Medical Protection 23
Losses We Cover Under Coverages A and B 8
Losses We Do Not Cover Under Coverages A and B 8 Family Liability Protection-Coverage X 23
Losses We Cover Under Coverage X 23
Personal Property Protection-Coverage C 11
Losses We Do Not Cover Under Coverage X 23
Property We Cover Under Coverage C 11
Limitations On Certain Personal Property 11 Guest Medical Protection-Coverage Y 25
Property We Do Not Cover Under Coverage C 12 Losses We Cover Under Coverage Y 25
Losses We Cover Under Coverage C 13 Losses We Do Not Cover Under Coverage Y 25
Losses We Do Not Cover Under Coverage C 14
Section II Additional Protection 27
Section I Additional Protection 16 Claim Expenses 27
Additional Living Expense 16 Emergency First Aid 27
Civil, Governmental And Military Authorities 17 Damage To Property Of Others 27
Debris Removal 17
Section II Conditions 27
Emergency Removal Of Property 17
W hat You Must Do After A Loss 27
Fire Department Charges 17
What An Injured Person Must Do—Guest Medical
Temporary Repairs After A Loss 17
Protection-Coverage Y 27
Trees, Shrubs, Plants And Lawns 17
Our Payment Of Loss—Guest Medical Protection-
Power Interruption 17
Coverage Y 28
Arson Reward 17
Our Limits Of Liability 28
Collapse 18
Bankruptcy 28
Land 18
Our Rights To Recover Payment—Family Liability
Lock Replacement 18
Protection-Coverage X 28
Action Against Us 28
Other Insurance—Family Liability Protection-Coverage X 28

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House & Home Policy

Allstate
You're in good hands.

Page 3 of 29

Section III—Optional Protection 28


Optional Coverages 28
Building Codes-Coverage BC 28
I ncreased Coverage On Business Property-Coverage BP 28
Fire Department Charges-Coverage F 29
Loss Assessments-Coverage G 29
Extended Coverage On Jewelry, Watches And Furs-
Coverage 1 29
I ncreased Coverage On Theft Of Silverware-
Coverage ST 29

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House & Home Policy Page 4 of 29

Agreements We Make With You boarders reside on the residence premises at


We make the following agreements with you: any one time; or
3) a portion is rented as a private garage.
General 4. Dwelling—means the single-family building structure,
identified as the insured property on the Policy
Definitions Used In This Policy Declarations, where you reside and which is principally
Throughout this policy, when the following words appear used as a private residence.
in bold type, they are defined as follows:
1. Bodily injury—means physical harm to the body, 5. Insured person(s)—means you and, if a resident of your
including sickness or disease, and resulting death, household:
except that bodily injury does not include: a) any relative; and
a) any venereal disease; b) any person under the age of 21 in your care.
b) herpes;
c) Acquired Immune Deficiency Syndrome (AIDS); Under Family Liability Protection-Coverage X and Guest
d) AIDS Related Complex (ARC); Medical Protection-Coverage Y,"insured person" also
e) Human Immunodeficiency Virus (HIV); means:
or any resulting symptom, effect, condition, disease a) any person or organization legally responsible for
or illness related to a)through e)listed above. loss caused by animals or watercraft covered by this
policy which are owned by an insured person. We do
In addition, bodily injury does not include any symptom, not cover any person or organization using or having
effect, condition, disease or illness resulting in any custody of animals or watercraft in any business, or
manner from: without permission of the owner.
a) lead in any form; b) with respect to the use of any vehicle covered by this
b) asbestos in any form; policy, any person while engaged in the employment
c) radon in any form; or of an insured person.
d) oil, fuel oil, kerosene, liquid propane or gasoline
intended for, or from, a storage tank located at the 6. Insured premises—means:
residence premises. a) the residence premises; and
b) under Section II only:
2. Building structure—means a structure with walls and a 1) the part of any other premises, other structures
roof. and grounds used by you as a residence. This
includes premises, structures and grounds you
3. Business—means: acquire for your use as a private residence while
a) any full- or part-time activity of any kind engaged in this policy is in effect;
for economic gain including the use of any part of 2) any part of a premises not owned by an insured
any premises for such purposes. The providing of person but where an insured person is
home day care services to other than an insured temporarily living;
person or relative of an insured person for economic 3) cemetery plots or burial vaults owned by an
gain is also a business. insured person;
4) land owned by or rented to an insured person
However,the mutual exchange of home day care where a single-family dwelling is being built as
services is not considered a business; that person's residence;
5) any premises used by an insured person in
b) the rental or holding for rental of property by an connection with the residence premises; and
insured person. Rental of your residence premises 6) any part of a premises occasionally rented to
is not considered a business when: an insured person for other than business
1) it is rented occasionally for residential purposes; purposes.
2) a portion is rented to roomers or boarders,
provided not more than two roomers or 7. Occurrence—means an accident, including continuous
or repeated exposure to substantially the same general

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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House & Home Policy

Allstate
You're in good hands.

Page 5 of 29

harmful conditions during the policy period, resulting in the policy terms and conditions, and inform us of any change
bodily injury or property damage. in title, use or occupancy of the residence premises.

8. Property damage—means physical injury to or Subject to the terms of this policy, the Policy Declarations
destruction of tangible property, including loss of its shows the location of the residence premises, applicable
use resulting from such physical injury or destruction. coverages, limits of liability and premiums. The policy applies
only to losses or occurrences that take place during the
9. Residence employee—means an employee of an policy period. The Policy Period is shown on the Policy
insured person while performing duties arising out of Declarations. This policy is not complete without the Policy
and in the course of employment in connection with Declarations.
the maintenance or use of your residence premises.
This includes similar duties performed elsewhere for This policy imposes joint obligations on the Named
an insured person, not in connection with the business I nsured(s) listed on the Policy Declarations and on that
of an insured person. person's resident spouse. These persons are defined as
you or your. This means that the responsibilities, acts and
10. Residence premises—means the dwelling, other omissions of a person defined as you or your will be binding
structures and land located at the address stated on upon any other person defined as you or your.
the Policy Declarations.
This policy imposes joint obligations on persons defined as
11. Roof surface—means the roof surface material type an insured person. This means that the responsibilities, acts
(slate, composition, wood, tile, metal, all other roof and failures to act of a person defined as an insured person
surface material types) of a building structure or other will be binding upon another person defined as an insured
structure covered under Dwelling Protection-Coverage person.
A or Other Structures Protection-Coverage B and all
other roofing components, including, but not limited to: Conformity To State Statutes
a) flashing, caps, vents, drip edges, and ice shields; When the policy provisions conflict with the statutes of
b) sheeting, felt and membranes; the state in which the residence premises is located, the
c) modified bitumen, bitumen, rubber, built-up and provisions are amended to conform to such statutes.
sprayed polyurethane foam roofing;
d) foam inserts and elastomeric coating; Coverage Changes
e) finials, eave and gable trim and snow guards; W hen we broaden coverage during the policy period without
f) battens, counter battens, bird stops, gravel stops; charge, you have the new features if you have the coverage
and to which they apply. Otherwise, the policy can be changed
g) coatings, adhesives, adherents and other finishing only by endorsement.
materials for roof surface materials and all other
roofing components. The coverage provided and the premium for the policy
are based on information you have given us. You agree to
12. We, us, or our—means the company named on the Policy cooperate with us in determining if this information is correct
Declarations. and complete. You agree that if this information changes, or
if this information is incorrect or incomplete, we may adjust
13. Windstorm—means wind with or without precipitation. your coverage and premium accordingly during the policy
period.
14. You or your—means the person listed under Named
I nsured(s) on the Policy Declarations as the insured Any calculation of your premium or changes in your coverage
and that person's resident spouse. will be made using the rules, rates and forms on file, if
required, for our use in your state. The rates in effect at the
Insuring Agreement beginning of your current policy period will be used to
I n reliance on the information you have given us, we agree to calculate any change in your premium.
provide the coverages indicated on the Policy Declarations. In
return, you must pay the premium when due and comply with

EXHIBIT C
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House & Home Policy Page 6 of 29

Policy Transfer Your return premium, if any, will be calculated on a pro rata
You may not transfer this policy to another person without basis and refunded at the time of cancellation or as soon as
our written consent. possible. However, refund of unearned premium is not a
condition of cancellation.
Continued Coverage After Your Death
Our Right Not to Renew or Continue:
If you die, coverage will continue until the end of the current
We have the right not to renew or continue the policy beyond
policy period for:
the current policy period. If we do not intend to continue or
1. your legal representative while acting as such, but only
renew the policy, we will mail you notice at least 30 days
with respect to the residence premises and property
before the end of the policy period. Our mailing the notice
covered under this policy on the date of your death.
of nonrenewal to you will be deemed proof of notice.
2. an insured person, and any person having proper
temporary custody of your property until a legal Misrepresentation, Fraud Or Concealment
representative is appointed and qualified. We may void this policy if it was obtained by
misrepresentation, fraud or concealment of material facts.
Cancellation If we determine that this policy is void, all premiums paid
Your Right to Cancel: will be returned to you since there has been no coverage
You may cancel this policy by notifying us of the future date under this policy.
you wish to stop coverage.
We do not cover any loss or occurrence in which any insured
Our Right to Cancel: person has concealed or misrepresented any material fact or
We may cancel this policy by mailing notice to you at the circumstance.
mailing address shown on the Policy Declarations. When this
policy has been in effect for less than 60 days, and it is not a What Law Will Apply
renewal with us, we may cancel this policy for any reason by This policy is issued in accordance with the laws of the state
giving you at least 10 days notice before the cancellation in which the residence premises is located and covers
takes effect. property or risks principally located in that state. Subject to
the following paragraph, the laws of the state in which the
When the policy has been in effect for 60 days or more, or residence premises is located shall govern any and all claims
if it is a renewal with us, we may cancel this policy for one or disputes in any way related to this policy.
or more of the following reasons:
1. nonpayment of premium; If a covered loss to property, or any other occurrence for
which coverage applies under this policy, happens outside
2. the policy was obtained by misrepresentation,fraud or the state in which the residence premises is located, claims
concealment of material facts; or disputes regarding that covered loss to property, or other
covered occurrence, may be governed by the laws of the
3. material misrepresentation,fraud or concealment of jurisdiction in which that covered loss to property or other
material facts in presenting a claim, or violation of any covered occurrence happened, only if the laws of that
of the policy terms; or jurisdiction would apply in the absence of a contractual
choice of law provision such as this.
4. there has been a substantial change or increase in hazard
in the risk we originally accepted. Where Lawsuits May Be Brought
Subject to the following two paragraphs, any and all lawsuits
If the cancellation is for nonpayment of premium, we will give in any way related to this policy, shall be brought, heard and
you at least 10 days notice. If the cancellation is for any of the decided only in a state or federal court located in the state in
other reasons, we will give you at least 30 days notice. which the residence premises is located. Any and all lawsuits
against persons not parties to this policy but involved in the
Our mailing the notice of cancellation to you will be deemed sale, administration, performance, or alleged breach of this
proof of notice. Coverage under this policy will terminate on policy, or otherwise related to this policy, shall be brought,
the effective date and hour stated on the cancellation notice. heard and decided only in a state or federal court located

EXHIBIT C
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House & Home Policy

Allstate
You're in good hands.

Page 7 of 29

i n the state in which the residence premises is located,


provided that such persons are subject to or consent to suit
Section I Your Property
i n the courts specified in this paragraph.
Dwelling Protection-Coverage A
If a covered loss to property, or any other occurrence for Property We Cover Under Coverage A:
w hich coverage applies under this policy, happens outside 1. Your dwelling, including attached structures. Structures
the state in which the residence premises is located, lawsuits connected to your dwelling by only a fence, utility line, or
regarding that covered loss to property, or other covered similar connection are not considered attached
occurrence, may also be brought in the judicial district where structures.
that covered loss to property or other covered occurrence
happened. 2. Construction materials and supplies at the residence
premises for use in connection with your dwelling.
Nothing in this provision, Where Lawsuits May Be Brought,
shall impair,any party's right to remove a state court lawsuit 3. Wall-to-wall carpeting fastened to your dwelling.
to a federal court.
Property We Do Not Cover Under Coverage A:
Action Against Us 1. Any structure, including fences, or other property
No one may bring an action against us unless there has been covered under Other Structures Protection-Coverage B.
full compliance with all policy terms.
2. Land.
Any action against us to which neither the Action Against Us
provision located in Section I Conditions nor the Action 3. Satellite dish antennas and their systems, whether or not
Against Us provision located in Section II Conditions applies attached to your dwelling.
m ust be commenced within one year of the date the cause of
action accrues.
Other Structures Protection-Coverage B
If an action is brought asserting claims relating to the Property We Cover Under Coverage B:
existence or amount of coverage, or the amount of loss for 1. Structures at the address shown on the Policy
which coverage is sought, under different coverages of this Declarations separated from your dwelling by clear
policy, the claims relating to each coverage shall be treated space.
as if they were separate actions for the purpose of the time
limit to commence action. 2. Structures at the address shown on the Policy
Declarations connected to your dwelling by only a fence,
Arbitration utility line, or similar connection.
Any claim or dispute in any way related to this policy, by an
insured person against us or us against an insured person, 3. Construction materials and supplies at the residence
may be resolved by arbitration only upon mutual consent of premises for use in connection with structures other
the parties. Arbitration pursuant to this provision shall be than your dwelling.
subject to the following:
1. no arbitrator shall have the authority to award punitive 4. Wall-to-wall carpeting fastened to building structures,
damages or attorney's fees; other than your dwelling, at the address shown on the
Policy Declarations.
2. neither of the parties shall be entitled to arbitrate any
claims or disputes in a representative capacity or as a Property We Do Not Cover Under Coverage B:
member of a class; and 1. Structures used in whole or in part for business
purposes.
3. no arbitrator shall have the authority, without the mutual
consent of the parties, to consolidate claims or disputes 2. Any structure or other property covered under Dwelling
i n arbitration. Protection-Coverage A.

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House & Home Policy Page 8 of 29

3. Land. We do cover sudden and accidental direct physical loss


caused by fire or explosion resulting from items 1 through
4. Construction materials and supplies at the residence 4 listed above.
premises for use in connection with the dwelling.
5. Earth movement of any type, including, but not
5. Satellite dish antennas and their systems, whether or not limited to, earthquake, volcanic eruption, lava flow,
attached to building structures. landslide, subsidence, mudflow, pressure, sinkhole,
erosion, or the sinking, rising, shifting, creeping,
Losses We Cover Under Coverages A and B: expanding, bulging, cracking, settling or contracting
We will cover sudden and accidental direct physical loss to of the earth. This exclusion applies whether or not
property described in Dwelling Protection-Coverage A and the earth movement is combined with water.
Other Structures Protection-Coverage B except as limited or
excluded in this policy. We do cover sudden and accidental direct physical
loss caused by fire or explosion resulting from earth
Losses We Do Not Cover Under Coverages A movement.
and B: 6. Actions taken by civil, governmental or military
A. Under Dwelling Protection-Coverage A and Other authorities:
Structures Protection-Coverage B of this policy, we a) to enforce any building codes, ordinances or
do not cover any loss which consists of, is caused by, laws regulating or requiring the construction,
or would not have occurred but for, one or more of the reconstruction, maintenance, replacement,
following excluded events, perils or conditions. Such loss repair, placement or demolition of any building
is excluded regardless of: a)the cause or source of the structure, other structure or land at the
excluded event, peril or condition; b) any other causes residence premises; or
contributing concurrently or in any sequence with the b) requesting, demanding or ordering that an
excluded event, peril or condition to produce the loss; or insured person test for, monitor, clean up,
c)whether the excluded event, peril or condition involves remove,contain, treat, detoxify, decontaminate,
isolated or widespread damage, arises from natural, or neutralize, or in any way respond to or assess
man-made or other forces, or arises as a result of any
the effects of, any loss or potential loss at the
combination of these forces. residence premises.
1. Flood, including, but not limited to, surface water,
waves, tidal water or overflow of any body of water, However, we will cover sudden and accidental
or spray from any of these, whether or not driven by direct physical loss caused by actions of civil,
wind. governmental or military authority to prevent the
spread of fire.
2. Water or any other substance that backs up through
sewers or drains. 7. Nuclear hazard, meaning nuclear reaction,.
discharge, radiation or radioactive contamination,
3. Water or any other substance that overflows from
or any consequence of any of these. Loss which
a sump pump,sump pump well or other system consists of, is caused by, or would not have occurred
designed for the removal of subsurface water which but for, the nuclear hazard is not considered loss by
is drained from a foundation area of a structure. fire, explosion or smoke.
4. Water or any other substance on or below the
8. a) War, whether declared or undeclared;
surface of the ground. This includes water or any
b) warlike acts;
other substance which exerts pressure on, or flows,
c) invasion;
seeps or leaks through any part of the residence d) insurrection;
premises.
e) rebellion;
f) revolution;
g) civil war;
h) usurped power;

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TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 33 of 62 PAGEID #: 43

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Page 9 of 29

destruction for a military purpose; or or other building structures at your residence


action taken by civil, governmental or military premises, when such spillage or release results
authority to hinder or defend against an actual in a fire or an explosion at your residence
or impending enemy act. premises; or
h) fuel, oil or other fluids necessary to operate a
9. Soil conditions, including, but not limited to, motorized land vehicle if, at the time of the loss,
corrosive action, chemicals, compounds, elements, such fuel, oil or other fluids are being used solely
suspensions, crystal formations or gels in the soil. for the purpose of operating a motorized land
vehicle and the loss results from a collision, at
10. Vapors,fumes, smoke,smog,soot, alkalis, acids, the residence premises, of the motorized land
toxic chemicals, toxic gasses, toxic liquids, toxic vehicle with property we cover under Dwelling
solids, waste materials, or other irritants, Protection-Coverage A or Other Structures
contaminants or pollutants. Protection-Coverage B.

However, we will not apply this exclusion to sudden 11. Lack of utility services at the residence premises,
and accidental direct physical loss which consists of, meaning loss or interruption of, lack or loss of access
is caused by, or would not have occurred but for: to, or unavailability of, one or more utility services
a) a fire or an explosion at your residence for the residence premises, including, but not limited
premises; to, electric, natural gas or other fuels, water,
b) smoke or soot resulting from food preparation at sanitation, sewer, cable or communication services,
your residence premises; unless the lack of utility services results solely from
c) the malfunction of a heating or air conditioning a sudden and accidental direct physical loss to
system or a household appliance at your property located at the residence premises caused
residence premises; by an event, peril or condition not excluded by this
d) smoke, soot or fumes originating away from policy.
your residence premises, provided the smoke,
soot or fumes: When the lack of utility services results in freezing
1) were not from industrial, governmental or of:
military operations, agricultural smudging, a) plumbing, automatic fire protective sprinkler
or the manufacturing of any controlled systems, heating or air conditioning systems;
substance; and b) household appliances; or
2) did not result from nuclear hazard, meaning c) swimming pools, hot tubs or spas located within
nuclear reaction, discharge, radiation or a heated portion of the dwelling, or their
radioactive contamination, or any filtration and circulation systems located within
consequence of any of these; a heated portion of the dwelling;
e) spray, overspray, spatter, or spillage, by a
person located on the ground at the residence or when the lack of utility services results in
premises or in or upon a structure we cover at discharge, leakage or overflow from within a), b)
the residence premises, of lawfully possessed, or c) above caused by freezing, we do cover sudden
commercially available supplies manufactured and accidental direct physical loss caused by the
or produced for use in food preparation, freezing if you used reasonable care to maintain heat
personal hygiene, or for cleaning or maintaining in the building structure. If the building structure
a residential property or personal property; is not equipped with an automatic fire protective
f) spray, overspray, spatter or spillage of lawfully sprinkler system, you may elect to shut off the
possessed, commercially available supplies by water supply and drain the water from the systems,
a person performing cleaning or other appliances, swimming pools, hot tubs, spas and their
maintenance services at a premises located filtration and circulation systems instead of
within 500 feet of the residence premises; maintaining heat in the building structure.
g) spillage or release at your residence premises of
gas or oil, in any form, used to prepare foods at 12. Inability of an insured person to use, access or
your residence premises, or to heat the dwelling remain at the residence premises due to an actual,

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impending or expected lack, impassability or of loss to the covered property, we do not cover the loss
unavailability of any reasonable means of ingress if the predominant cause(s) of loss is (are) excluded
to or egress from the residence premises, including, under paragraph D, immediately below.
but not limited to, roads, highways, causeways,
sidewalks, paths, rails, bridges, tunnels or D. Under Dwelling Protection-Coverage A and Other
waterways. Structures Protection-Coverage B of this policy, we do
not cover any loss consisting of or caused by one or more
For purposes of this exclusion, a particular means of of the following excluded events, perils or conditions.
ingress or egress will be considered impassable or Such loss is excluded regardless of whether the excluded
unavailable if: event, peril or condition involves isolated or widespread
a) it cannot be safely traveled due to physical damage, arises from natural, man-made or other forces,
damage or destruction of that means of ingress or arises as a result of any combination of these forces.
or egress; or 1. The failure by any insured person to take all
b) it cannot be traveled due to actions by others, reasonable steps to save and preserve property
i ncluding, but not limited to, civil, governmental w hen the property is endangered by a cause of loss
or military authorities which prohibit or restrict we cover.
travel using that means of ingress or egress.
2. Any substantial change or increase in hazard, if
13. Seizure, confiscation or quarantine by civil, changed or increased by any means within the
governmental or military authority. control or knowledge of an insured person.

We will cover sudden and accidental direct physical 3. Intentional or criminal acts of or at the direction
loss caused by actions of civil, governmental or of any insured person, if the loss that occurs:
military authority to prevent the spread of fire. a) may be reasonably expected to result from
such acts; or
14. The manufacturing of any controlled substance. b) is the intended result of such acts.

15. Weather Conditions that contribute in any way with This exclusion applies regardless of whether the
an event, peril or condition excluded under Losses insured person is actually charged with, or convicted
We Do Not Cover Under Coverages A and B to of, a crime.
produce a loss.
4. Collapse, except as specifically provided in Section I
B. Under Dwelling Protection-Coverage A and Other Additional Protection under item 10,"Collapse."
Structures Protection-Coverage B of this policy, we
do not cover any loss consisting of or caused by mold, 5. a) Wear and tear, aging, marring, scratching,
fungus, wet rot, dry rot or bacteria. This includes any loss deterioration, inherent vice, or latent defect;
which, in whole or in part, arises out of, is aggravated by b) mechanical breakdown;
or results from mold,fungus, wet rot, dry rot or bacteria. c) growth of trees, shrubs, plants or lawns,
regardless of whether such growth is above
This exclusion applies regardless of whether mold, or below the surface of the ground;
fungus, wet rot, dry rot or bacteria arises from any d) rust or other corrosion;
other cause of loss, including, but not limited to, a loss e) settling, cracking, shrinking, bulging or
involving water, water damage or discharge, which expansion of pavements, patios, foundations,
may otherwise be covered by this policy, except as walls, floors, roofs or ceilings; or
specifically provided in Section I Conditions, Mold, f) insects, rodents, birds or domestic animals.
Fungus, Wet Rot And Dry Rot Remediation As A Direct We do cover the breakage of glass or safety
Result Of A Covered Water Loss. glazing materials caused by birds.

C. When loss is not excluded under paragraph A or If any of a)through f) causes the sudden and
paragraph B of Losses We Do Not Cover Under accidental escape of water or steam from a
Coverages A and B, and there are two or more causes plumbing, heating or air conditioning system,

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TO ALLSTATE'S NOTICE OF REMOVAL
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Page 11 of 29

a household appliance or an automatic fire shower baths, tub installations, sinks or other
protective sprinkler system within your dwelling, fixtures designed for the use of water or steam.
we cover the direct physical damage caused by the
water or steam. 9. Theft from your residence premises while your
dwelling is under construction, or of materials and
If loss to covered property is caused by water or supplies for use in construction, until your dwelling
steam not otherwise excluded, we will cover the is completed and occupied.
cost of tearing out and replacing any part of your
dwelling necessary to repair the system or 10. Vandalism or malicious mischief if your dwelling is
appliance. This does not include damage to the vacant or unoccupied for more than 30 consecutive
defective system or appliance from which the water days immediately prior to the vandalism or malicious
or steam escaped. mischief. A dwelling under construction is not
considered vacant or unoccupied.
6. Freezing of:
a) plumbing, automatic fire protective sprinkler 11. Planning, Construction or Maintenance, meaning
systems, heating or air conditioning systems; faulty, inadequate or defective:
b) household appliances; or a) planning, zoning, development, surveying, siting;
c) swimming pools, hot tubs or spas located b) design, specifications, workmanship, repair,
within a heated portion of the dwelling, or their construction, renovation, remodeling, grading,
filtration and circulation systems located within compaction;
a heated portion of the dwelling; c) materials used in repair, construction,
renovation or remodeling; or
or discharge, leakage or overflow from within a), b)
d) maintenance;
or c)above, caused by freezing, while the building
structure is vacant, unoccupied or being of property whether on or off the residence
constructed, unless you have used reasonable care premises by any person or organization.
to maintain heat in the building structure. If the
building structure is not equipped with an automatic Personal Property Protection-Coverage C
fire protective sprinkler system, you may elect to
shut off the water supply and drain the water from Property We Cover Under Coverage C:
the systems, appliances, swimming pools, hot tubs, 1. Personal property owned or used by an insured person
spas and their filtration and circulation systems anywhere in the world. When personal property is
instead of maintaining heat in the building structure. located away from the residence premises, coverage
is limited to 10% of Personal Property Protection-
7. Freezing, thawing, pressure or weight of water, snow Coverage C.
or ice, whether or not driven by wind. This exclusion
applies to fences, pavements, patios, foundations, 2. At your option, personal property owned by a guest or
retaining walls, bulkheads, piers, wharves and residence employee while the property is in a residence
docks. This exclusion also applies to swimming you are occupying.
pools, hot tubs, spas, and their filtration and
circulation systems, which are not located within Limitations On Certain Personal Property:
a heated portion of the dwelling. Limitations apply to the following groups of personal
property. If personal property can reasonably be considered
8. Seepage, meaning continuous or repeated seepage a part of two or more of the groups listed below, the lowest
or leakage over a period of weeks, months, or years, limit will apply. These limitations do not increase the amount
of water, steam or fuel: of insurance under Personal Property Protection-Coverage
a) from a plumbing, heating, air conditioning or C. The total amount of coverage for each group in any one
automatic fire protective sprinkler system or loss is as follows:
from within a domestic appliance; or 1. $ 200 — Property used or intended for use in a
b) from, within or around any plumbing fixtures, business while the property is away from
including, but not limited to, shower stalls, the residence premises. This does not

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i nclude electronic data processing any item containing fur which represents
equipment or the recording or storage its principal value, subject to a maximum
media used with that equipment. a mount of $1,000 per item.

2. $ 500 — Theft of any recording or storage media 11. $10,000 — Theft of tools and their accessories.
while such property is away from the
residence premises, whether or not it 12. $10,000 — Motorized land vehicles used solely for
is used with electronic data processing the service of the insured premises and
equipment or in a business. Recording or not licensed for use on public roads. This
storage media includes, but is not limited to: does not include motorized land vehicles
a) tapes; designed for assisting the disabled and not
b) CDs, DVDs and other discs; licensed for use on public roads.
c) records;
d) disks; Property We Do Not Cover Under Coverage C:
e) reels; 1. Personal property specifically described and insured by
f) cassettes; this or any other insurance.
g) cartridges; or
h) programs. 2. Animals.

3. $ 1,000 — Property used or intended for use in 3. Motorized land vehicles, including, but not limited to,
a business, including property held as any land vehicle powered or assisted by a motor or
samples or for sale or delivery after sale, engine. We do not cover any motorized land vehicle
while the property is on the residence parts, equipment or accessories attached to or located
premises. This does not include electronic in or upon any motorized land vehicle. We do cover
data processing equipment or the recording motorized land vehicles designed for assisting the
or storage media used with that equipment. disabled, or used solely for the service of the insured
premises, and not licensed for use on public roads.
4. $ 1,000 — Trading cards, subject to a maximum
amount of $250 per card. 4. Aircraft and aircraft parts. This does not include model
or hobby craft not designed to carry people or cargo.
5. $ 1,000 — Watercraft, including their attached or
unattached trailers, furnishings, equipment, 5. Property of roomers, boarders or tenants not related
parts, and motors. to you.

6. $ 1,000 — Trailers not used with watercraft. 6. Property located away from the residence premises and
rented or held for rental to others.
7. $ 1,500 — Motorized land vehicle parts, equipment or
accessories not attached to or located in or 7. Satellite dish antennas and their systems.
upon any motorized land vehicle.
8. Money, bullion, bank notes, coins and other numismatic
8. $ 2,000 — Theft of firearms, their related equipment, property, scrip, stored value cards, and smart cards.
and accessories.
9. Accounts, bills, deeds, evidences of debt, letters of
9. $ 2,500 — Theft of goldware, silverware, pewterware credit, notes other than bank notes, checks, cashier's
and platinumware. checks, traveler's checks, passports, securities, tickets,
and stamps, including philatelic property.
10. $ 5,000 — Theft of jewelry, watches, precious and
semi-precious stones, gold other than 10. Manuscripts, including documents stored on electronic
goldware, silver other than silverware, media.
pewter other than pewterware, platinum
other than platinumware, and furs, including

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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Page 13 of 29

Losses We Cover Under Coverage C: 11. Artificially generated electrical current to electronics,
We will cover sudden and accidental direct physical loss to electrical appliances, fixtures and wiring.
the property described in Personal Property Protection-
Coverage C caused by the following, except as limited or 12. Bulging, burning, cracking or rupture of a steam or hot
excluded in this policy: water heating system, an air conditioning system, an
1. Fire or lightning. automatic fire protective sprinkler system or an
a ppliance for heating water.
2. Windstorm or hail.
13. Water or steam that escapes from a plumbing, heating
We do not cover: or air conditioning system, an automatic fire protective
a) loss to covered property inside a building structure, sprinkler system, or from a household appliance due to
caused by rain, snow,sleet, sand or dust unless the accidental discharge or overflow.
wind or hail first damages the roof or walls and the
wind forces rain, snow, sleet, sand or dust through We do not cover loss to the system or appliance from
the damaged roof or wall; which the water or steam escapes, or loss from water
b) loss to watercraft and their trailers, furnishings, which backs up through sewers or drains or overflows
equipment and motors unless inside a fully enclosed from a sump pump,sump pump well or other system
building structure. However, we do cover canoes designed for the removal of subsurface water which is
and rowboats on the residence premises. drained from a foundation area of a structure.

3. Explosion. 14. Freezing of a plumbing, heating or air conditioning


system, an automatic fire protective sprinkler system or
4. Riot or civil commotion, including pillage and looting a household appliance.
during, and at the site of, the riot or civil commotion.
We do not cover loss at the residence premises under
5. Aircraft, including self-propelled missiles and spacecraft. items 12, 13, and 14, immediately above, which is caused
by freezing while the building structure is vacant,
6. Vehicles. unoccupied or under construction, or when freezing
results from a lack of utility services at the residence
7. Smoke. premises to which item A.10 in Losses We Do Not Cover
Under Coverage C applies, unless you have used
8. Vandalism and malicious mischief. reasonable care to maintain heat in the building
structure. If the building structure is not equipped with
We do not cover vandalism or malicious mischief if your an automatic fire protective sprinkler system, you may
dwelling has been vacant or unoccupied for more than elect to shut off the water supply and drain the water
30 consecutive days immediately prior to the vandalism from the systems and appliances instead of maintaining
or malicious mischief. A dwelling under construction is heat in the building structure.
not considered vacant or unoccupied.
15. Theft, or attempted theft, including disappearance of
9. Falling objects. property from a known place when it is likely that a theft
has occurred. Any theft must be promptly reported to the
We do not cover loss to personal property inside a police.
building structure unless the falling object first damages
the exterior walls or roof of the building structure. We do not cover:
a) theft or attempted theft committed by an insured
10. Weight of ice, snow or sleet which causes damage to person;
personal property in a building structure, but only if the b) theft in or from the residence premises while under
building structure is damaged due to the weight of ice, construction or of materials and supplies for use in
snow or sleet. construction, until the dwelling is completed and
occupied;

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c) theft of any property while at any other residence 5. Earth movement of any type, including, but not
owned, rented to or occupied by an insured person limited to, earthquake, volcanic eruption, lava flow,
unless the insured person is temporarily residing landslide, subsidence, mudflow, pressure, sinkhole,
there; erosion, or the sinking, rising, shifting, creeping,
d) theft of trailers, campers, watercraft, including expanding, bulging, cracking, settling or contracting
furnishings, equipment and outboard motors, of the earth. This exclusion applies whether or not
away from the residence premises; or the earth movement is combined with water.
e) theft from that part of the residence premises
rented by you to other than an insured person. We do cover sudden and accidental direct physical
loss caused by fire or explosion resulting from earth
16. Breakage of glass, meaning damage to covered personal movement.
property caused by breakage of glass constituting a part
of any building structure on the residence premises. 6. Actions taken by civil, governmental or military
This does not include damage to the glass. authorities:
a) to enforce any building codes, ordinances or
Losses We Do Not Cover Under Coverage C: laws regulating or requiring the construction,
A. Under Personal Property Protection-Coverage C of reconstruction, maintenance, replacement,
this policy, we do not cover any loss which consists of, repair, placement or demolition of any building
is caused by, or would not have occurred but for, one structure, other structure or land at the
or more of the following excluded events, perils or residence premises; or
conditions. Such loss is excluded regardless of: a)the b) requesting, demanding or ordering that an
cause or source of the excluded event, peril or condition; insured person test for, monitor, clean up,
b)any other causes contributing concurrently or in any remove, contain, treat, detoxify, decontaminate,
sequence with the excluded event, peril or condition to or neutralize, or in any way respond to or assess
produce the loss; or c) whether the excluded event, peril the effects of, any loss or potential loss at the
or condition involves isolated or widespread damage, residence premises.
arises from natural, man-made or other forces, or arises
as a result of any combination of these forces. However, we will cover sudden and accidental
1. Flood, including, but not limited to, surface water, direct physical loss caused by actions of civil,
waves, tidal water or overflow of any body of water, governmental or military authority to prevent the
or spray from any of these, whether or not driven by spread of fire.
wind.
7. Nuclear hazard, meaning nuclear reaction,
2. Water or any other substance that backs up through discharge, radiation or radioactive contamination,
sewers or drains. or any consequence of any of these. Loss which
consists of, is caused by, or would not have occurred
3. Water or any other substance that overflows from but for, the nuclear hazard is not considered loss by
a sump pump,sump pump well or other system fire, explosion or smoke.
designed for the removal of subsurface water which
is drained from a foundation area of a structure. 8. a) War, whether declared or undeclared;
b) warlike acts;
4. Water or any other substance on or below the c) invasion;
surface of the ground. This includes water or any d) insurrection;
other substance which exerts pressure on, or flows, e) rebellion;
seeps or leaks through any part of the residence f) revolution;
premises. civil war;
h) usurped power;
We do cover sudden and accidental direct physical loss )
i destruction for a military purpose; or
caused by fire or explosion resulting from items 1 through j) action taken by civil, governmental or military
4 listed above. authority to hinder or defend against an actual
or impending enemy act.

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TO ALLSTATE'S NOTICE OF REMOVAL
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Page 15 of 29

9. Vapors,fumes, smoke,smog, soot, alkalis, acids, 10. Lack of utility services at the residence premises,
toxic chemicals, toxic gasses, toxic liquids, toxic meaning loss or interruption of, lack or loss of access
solids, waste materials, or other irritants, to, or unavailability of, one or more utility services
contaminants or pollutants. for the residence premises, including, but not limited
to, electric, natural gas or other fuels, water,
However, we will not apply this exclusion to sudden sanitation, sewer, cable or communication services,
and accidental direct physical loss which consists of, unless the lack of utility services results solely from
is caused by, or would not have occurred but for: a sudden and accidental direct physical loss to
a) a fire or an explosion at your residence property located at the residence premises caused
premises; by an event, peril or condition not excluded by this
b) smoke or soot resulting from food preparation at policy.
your residence premises;
c) the malfunction of a heating or air conditioning When the lack of utility services results in freezing
system or a household appliance at your of:
residence premises; a) plumbing, automatic fire protective sprinkler
d) smoke,soot or fumes originating away from system, heating or air conditioning systems; or
your residence premises, provided the smoke, b) household appliances;
soot or fumes:
or when the lack of utility services results in
1) were not from industrial, governmental or
discharge, leakage or overflow from within a) or b)
military operations, agricultural smudging,
above caused by freezing, we do cover sudden and
or the manufacturing of any controlled
accidental direct physical loss caused by the freezing
substance; and
if you used reasonable care to maintain heat in the
2) did not result from nuclear hazard, meaning
building structure. If the building structure is not
n uclear reaction, discharge, radiation or
equipped with an automatic fire protective sprinkler
radioactive contamination, or any
system, you may elect to shut off the water supply
consequence of any of these;
and drain the water from the systems and appliances
e) spray, overspray, spatter, or spillage, by a
instead of maintaining heat in the building structure.
person located on the ground at the residence
premises or in or upon a structure we cover at
11. Inability of an insured person to use, access or retain
the residence premises, of lawfully possessed,
personal property we cover under Personal Property
commercially available supplies manufactured Protection-Coverage C due to an actual, impending
or produced for use in food preparation,
or expected lack, impassability or unavailability of
personal hygiene, or for cleaning or maintaining
any reasonable means of ingress to or egress from
a residential property or personal property;
the residence premises or any other location where
f) spillage or release at your residence premises
the property is located, including, but not limited to,
of gas or oil, in any form, used to prepare foods
roads, highways, causeways, sidewalks, paths, rails,
at your residence premises, or to heat the
bridges, tunnels or waterways.
dwelling or other building structures at your
residence premises, when such spillage or For purposes of this exclusion, a particular means of
release results in a fire or an explosion at your ingress or egress will be considered impassable or
residence premises; or unavailable if:
g) fuel, oil or other fluids necessary to operate a a) it cannot be safely traveled due to physical
motorized land vehicle if, at the time of the loss, damage or destruction of that means of ingress
such fuel, oil or other fluids are being used solely or egress; or
for the purpose of operating a motorized land b) it cannot be traveled due to actions by others,
vehicle and the loss results from a collision, at including, but not limited to, civil, governmental
the residence premises, of the motorized land or military authorities which prohibit or restrict
vehicle with property we cover under Dwelling travel using that means of ingress or egress.
Protection-Coverage A or Other Structures
Protection-Coverage B.

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12. Weather Conditions that contribute in any way with This exclusion applies regardless of whether the
an event, peril or condition excluded under Losses insured person is actually charged with, or convicted
We Do Not Cover Under Coverage C to produce a of, a crime.
loss.
4. Planning, Construction or Maintenance, meaning
B. Under Personal Property Protection-Coverage C of faulty, inadequate or defective:
this policy, we do not cover any loss consisting of or a) planning, zoning, development, surveying, siting;
caused by mold,fungus, wet rot, dry rot or bacteria. This b) design, specifications, workmanship, repair,
i ncludes any loss which, in whole or in part, arises out of, construction, renovation, remodeling, grading,
is aggravated by or results from mold,fungus, wet rot, compaction;
dry rot or bacteria. c) materials used in repair, construction,
renovation or remodeling; or
This exclusion applies regardless of whether mold, d) maintenance;
fungus, wet rot, dry rot or bacteria arises from any
of property whether on or off the residence
other cause of loss, including, but not limited to, a loss
premises by any person or organization.
involving water, water damage or discharge, which
may otherwise be covered by this policy, except as
specifically provided in Section I Conditions, Mold, Section I Additional Protection
Fungus, Wet Rot And Dry Rot Remediation As A Direct 1. Additional Living Expense
Result Of A Covered Water Loss. We will pay the reasonable increase in living expenses
necessary to maintain your normal standard of living
C. When loss is not excluded under paragraph A or when a direct physical loss we cover under Dwelling
paragraph B of Losses We Do Not Cover Under Protection-Coverage A, Other Structures Protection-
Coverage C, and there are two or more causes of loss Coverage B or Personal Property Protection-Coverage C
to the covered property, we do not cover the loss if the makes your residence premises uninhabitable. However,
predominant cause(s) of loss is (are) excluded under additional living expense due to remediation of mold,
paragraph D, immediately below. fungus, wet rot or dry rot will not be paid in addition to
any amounts paid or payable under Section I Conditions,
D. Under Personal Property Protection-Coverage C of this Mold, Fungus, Wet Rot And Dry Rot Remediation As A
policy, we do not cover any loss consisting of or caused Direct Result Of A Covered Water Loss.
by one or more of the following excluded events, perils or
conditions. Such loss is excluded regardless of whether Payment for additional living expense as a result of a
the excluded event, peril or condition involves isolated or covered loss under Dwelling Protection-Coverage A,
widespread damage, arises from natural, man-made or Other Structures Protection-Coverage B or Personal
other forces, or arises as a result of any combination of Property Protection-Coverage C will be limited to the
these forces. least of the following:
1. The failure by any insured person to take all a) the time period required to repair or replace the
reasonable steps to save and preserve property property we cover, using due diligence and dispatch;
when the property is endangered by a cause of loss b) if you permanently relocate, the shortest time for
we cover. your household to settle elsewhere; or
c) 12 months.
2. Any substantial change or increase in hazard, if
changed or increased by any means within the These periods of time are not limited by the termination
control or knowledge of an insured person. of this policy.

3. Intentional or criminal acts of or at the direction of I n no event shall our payment for additional living
any insured person, if the loss that occurs: expenses exceed the Limit Of Liability shown on your
a) may be reasonably expected to result from such Policy Declarations for Additional Living Expense.
acts; or
b) is the intended result of such acts. We do not cover any lost income or expense due to the
cancellation of a lease or agreement.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 41 of 62 PAGEID #: 51

House & Home Policy

Allstate
You're in good hands.

Page 17 of 29

No deductible applies to this protection. i ncrease the limit of liability applying to the property
being repaired.
2. Civil, Governmental And Military Authorities
We will pay the reasonable and necessary increase 7. Trees, Shrubs,Plants And Lawns
i n living expenses for up to two weeks should civil, We will pay up to 5% of the Limit Of Liability shown
governmental or military authorities prohibit the use on the Policy Declarations under Dwelling Protection-
of the residence premises due to a loss at a neighboring Coverage A for loss to trees, shrubs, plants and lawns
premises caused by an event, peril or condition we insure at the address of the residence premises. We will not
against under Dwelling Protection-Coverage A, Other pay more than $500 for any one tree, shrub, or plant,
Structures Protection-Coverage B or Personal Property including expenses incurred for removing debris. This
Protection-Coverage C. However, payments for increase coverage applies only to sudden and accidental direct
i n living expenses due to remediation of mold, fungus, physical loss caused by fire or lightning, explosion, riot
wet rot or dry rot will not be paid in addition to any or civil commotion, aircraft, vehicles not owned by an
amounts paid or payable under Section I Conditions, occupant of the residence premises, vandalism or
Mold, Fungus, Wet Rot And Dry Rot Remediation malicious mischief, theft, or collapse of a building
As A Direct Result Of A Covered Water Loss. structure or any part of a building structure.

The two-week period of time referenced above is not We will pay up to $500 for reasonable expenses you
limited by the termination of this policy. incur for the removal of debris of trees at the address of
the residence premises for sudden and accidental direct
No deductible applies to this protection. physical loss caused by windstorm, hail, or weight of ice,
snow or sleet. The fallen tree must have caused damage
3. Debris Removal to property covered under Dwelling Protection-
We will pay reasonable expenses you incur to remove Coverage A or Other Structures Protection-Coverage B.
debris of covered property damaged by a loss we cover.
If the loss to the covered property and the cost of debris We do not cover trees, shrubs, plants, or lawns grown for
removal are more than the Limit Of Liability shown on business purposes.
the Policy Declarations for the covered property, we
will pay up to an additional 5% of that limit for debris This coverage does not increase the Dwelling
removal. Protection-Coverage A limit of liability.

4. Emergency Removal Of Property 8. Power Interruption


We will pay for sudden and accidental direct physical We will pay up to $500 for loss to the contents of
loss to covered property from any cause while removed freezers and refrigerated units on the residence
from a premises because of danger from a loss we cover. premises caused by the interruption of power which
Protection is limited to a 30-day period from date of occurs off the residence premises. If a power
removal. This protection does not increase the limit of i nterruption is known to an insured person, all
liability that applies to the covered property. reasonable means must be used to protect the contents
of freezers and refrigerated units.
5. Fire Department Charges
We will pay up to $500 for service charges made by fire This coverage does not increase the limit of liability
departments called to protect your property from a loss applying to the damaged property.
we cover at the residence premises.
9. Arson Reward
No deductible applies to this protection. We will pay up to $5,000 for information leading to an
arson conviction in connection with a fire loss to property
6. Temporary Repairs After A Loss covered under Section I of this policy. The $5,000 limit
We will reimburse you up to $5,000 for the reasonable applies regardless of the number of persons providing
and necessary cost you incur for temporary repairs to information.
protect covered property from further imminent covered
loss following a loss we cover. This coverage does not

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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House & Home Policy Page 18 of 29

10. Collapse 11. Land


We will cover at the residence premises: If a sudden and accidental direct physical loss results
a) the entire collapse of a covered building structure; in both a covered loss to the dwelling, other than the
b) the entire collapse of part of a covered building breakage of glass or safety glazing material, and a loss of
structure; and land stability, we will pay up to $10,000 as an additional
c) direct physical loss to covered property caused by amount of insurance for repair costs associated with the
a)orb)above. land. This includes the costs required to replace, rebuild,
stabilize or otherwise restore the land necessary to
For coverage to apply, the collapse of a building support that part of the dwelling sustaining the covered
structure specified in a)or b)above must be a sudden loss.
and accidental direct physical loss caused by one or
more of the following: The Section I, Losses We Do Not Cover Under
a) a loss we cover under Section I, Personal Property Coverages A and B reference to earth movement does
Protection-Coverage C; not apply to the loss of land stability provided under this
b) weight of persons, animals, equipment or contents; additional protection.
c) weight of rain, snow or ice which collects on a roof;
d) defective methods or materials used in construction, 12. Lock Replacement
repair, remodeling or renovation, but only if the W hen a key to a lock is stolen as part of a covered theft
collapse occurs in the course of such construction, loss, we will pay, under Dwelling Protection-Coverage A
repair, remodeling or renovation. or Other Structures Protection-Coverage B, as
a pplicable, up to $500 for the reasonable expenses you
Collapse, as referenced herein, means the covered incur to replace or re-key exterior door locks at the
building structure or part of the covered building residence premises with locks or cylinders of like kind
structure has actually fallen down or fallen into pieces and quality.
unexpectedly and instantaneously. It does not include
settling, cracking, shrinking, bulging, expansion, sagging, This coverage does not increase the limit of liability that
or bowing. Furthermore, collapse does not include or applies to the covered property.
mean substantial structural impairment or imminent
collapse. Section I Conditions
1. Deductible
Loss to an awning, fence, patio, deck, pavement, We will pay when a covered loss exceeds the applicable
swimming pool, underground pipe, flue, drain, cesspool, deductible shown on the Policy Declarations. We will
fuel oil tank, septic tank, cistern or similar system, then pay only the excess amount, unless we have
foundation, retaining wall, bulkhead, pier, wharf or dock indicated otherwise in this policy.
is not included, unless the loss is a direct result of the
collapse of a building structure or part of a building 2. Insurable Interest And Our Liability
structure that is a sudden and accidental direct physical In the event of a covered loss, we will not pay for more
loss caused by one or more of the following: than an insured person's insurable interest in the
a) a loss we cover under Section I, Personal Property property covered, nor more than the amount of coverage
Protection-Coverage C; afforded by this policy.
b) weight of persons, animals, equipment or contents;
c) weight of rain, snow or ice which collects on a roof; 3. What You Must Do After A Loss
or I n the event of a loss to any property that may be
d) defective methods or materials used in construction, covered by this policy, you must:
repair, remodeling or renovation, but only if the a) immediately give us or our agent notice. Report any
collapse occurs in the course of such construction, theft to the police as soon as possible.
repair, remodeling or renovation. b) protect the property from further loss. Make any
reasonable repairs necessary to protect it. Keep an
This coverage does not increase the limit of liability accurate record of any repair expenses.
applying to the covered property.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 43 of 62 PAGEID #: 53

House & Home Policy

Allstate
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Page 19 of 29

c) separate damaged from undamaged personal 4. Our Settlement Options


property. Give us a detailed list of the damaged, I n the event of a covered loss, we have the option to:
destroyed or stolen property, showing the quantity, a) repair, rebuild or replace all or any part of the
cost, actual cash value and the amount of loss damaged, destroyed or stolen property with
claimed. property of like kind and quality within a reasonable
d) give us all accounting records, bills, invoices and time; or
other vouchers, or certified copies, which we may b) pay for all or any part of the damaged, destroyed or
reasonably request to examine and permit us to stolen property as described in Condition 5,"How
make copies. We Pay For A Loss."
e) produce receipts for any increased costs to maintain
your standard of living while you reside elsewhere, Within 30 days after we receive your signed, sworn
and records supporting any claim for loss of rental proof of loss, we will notify you of the option or options
income. we intend to exercise.
f) as often as we reasonably require:
1) show us the damaged property. We have a 5. How We Pay For A Loss
right to reasonable and safe opportunities to Under Dwelling Protection-Coverage A, Other
view and inspect the loss as often as necessary, Structures Protection-Coverage B and Personal
unimpeded by actions of you or others, Property Protection-Coverage C, payment for covered
including, but not limited to, civil, governmental loss will be by one or more of the following methods:
or military authorities, that prevent us from a) Special Payment. At our option, we may make
viewing and inspecting the loss. We may require payment for a covered loss before you repair, rebuild
you to accompany us when we conduct these or replace the damaged, destroyed or stolen
activities. property if:
2) at our request, submit to examinations under 1) the whole amount of loss for property covered
oath, separately and apart from any other under Dwelling Protection-Coverage A and
person defined as you or insured person and Other Structures Protection-Coverage B,
sign a transcript of the same. without deduction for depreciation, is less than
3) produce representatives, employees, members $2,500 and if the property is not excluded from
of the insured person's household or others to the Building Structure Reimbursement provision;
the extent it is within the insured person's or
power to do so; and 2) the whole amount of loss for property covered
g) within 60 days after the loss, give us a signed, sworn under Personal Property Protection-Coverage
proof of the loss. This statement must include the C, without deduction for depreciation, is less
following information: than $2,500, your Policy Declarations shows
1) the date, time, location and cause of loss; that the Personal Property Reimbursement
2) the interest insured persons and others have provision applies, and the property is not
in the property, including any encumbrances; excluded from the Personal Property
3) the actual cash value and amount of loss for Reimbursement provision.
each item damaged, destroyed or stolen;
4) any other insurance that may cover the loss; b) Actual Cash Value. If you do not repair or replace the
5) any changes in title, use, occupancy or damaged, destroyed or stolen property, payment will
possession of the property that have occurred be on an actual cash value basis. This means there
during the policy period; and may be a deduction for depreciation. Payment will
6) at our request, the specifications of any not exceed the Limit Of Liability shown on the Policy
damaged building structure or other structure. Declarations for the coverage that applies to the
damaged, destroyed or stolen property, regardless
We have no duty to provide coverage under this section of the number of items involved in the loss.
if you, an insured person, or a representative of either
fail to comply with items a)through g)above, and this You may make claim for additional payment as
failure to comply is prejudicial to us. described in paragraph c) and paragraph d) below
if applicable, if you repair or replace the damaged,

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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House & Home Policy Page 20 of 29

destroyed or stolen covered property within 180 the value of any land associated with the
days of the actual cash value payment. replacement structure(s).

c) Building Structure Reimbursement. Under Dwelling Building Structure Reimbursement payment will be
Protection-Coverage A and Other Structures limited to the difference between any actual cash
Protection-Coverage B, we will make additional value payment made for the covered loss to building
payment to reimburse you for cost in excess of structures and the smallest of 1), 2)or 3)above.
actual cash value if you repair, rebuild or replace
damaged, destroyed or stolen covered property Building Structure Reimbursement will not apply to:
within 180 days of the actual cash value payment. 1) property covered under Personal Property
This additional payment includes the reasonable Protection-Coverage C;
and necessary expense for treatment or removal and 2) property covered under Other Structures
disposal of contaminants or pollutants as required Protection-Coverage B that is not a building
to complete repair or replacement of that part of a structure;
building structure damaged by a covered loss. This 3) wall-to-wall carpeting, fences, awnings and
additional payment shall not include any amounts outdoor antennas, whether or not fastened to
which may be paid or payable under Section I a building structure;
Conditions, Mold, Fungus, Wet Rot And Dry Rot 4) roof surface(s) when the loss is caused by
Remediation As A Direct Result Of A Covered windstorm or hail; or
Water Loss, and shall not be payable for any losses 5) land.
excluded in Section I—Your Property, under Losses
We Do Not Cover Under Coverages A and B, Payment under a), b) or c)above will not include any
paragraph B. i ncreased cost due to the enforcement of building
codes, ordinances or laws regulating or requiring the
Building Structure Reimbursement will not exceed construction, reconstruction, maintenance, replacement,
the smallest of the following amounts: repair, relocation or demolition of building structures or
1) the replacement cost of the part(s) of the other structures.
building structure(s)for equivalent
construction for similar use on the same d) Personal Property Reimbursement. Under Personal
residence premises; Property Protection-Coverage C, we will make
2) the amount actually and necessarily spent to additional payment to reimburse you for cost in
repair or replace the damaged building excess of actual cash value if you repair, rebuild
structure(s) with equivalent construction for or replace damaged, destroyed or stolen covered
similar use on the same residence premises; or personal property or wall-to-wall carpeting within
3) the Limit Of Liability applicable to the building 180 days of the actual cash value payment.
structure(s) as shown on the Policy
Declarations for Dwelling Protection-Coverage Personal Property Reimbursement payment will
A or Other Structures Protection-Coverage B, not exceed the smallest of the following amounts:
regardless of the number of building structures 1) the amount actually and necessarily spent to
and structures other than building structures repair or replace the property with similar
involved in the loss. property of like kind and quality;
2) the cost of repair or restoration; or
If you replace the damaged building structure(s) 3) the Limit Of Liability shown on the Policy
at an address other than shown on the Policy Declarations for Personal Property Protection-
Declarations through construction of a new Coverage C, or any special limit of liability
structure or purchase of an existing structure, such described in the policy, regardless of the number
replacement will not increase the amount payable of items of personal property involved in the
under Building Structure Reimbursement described loss.
above. The amount payable under Building Structure
Reimbursement described above does not include Personal Property Reimbursement will be limited to
the difference between any actual cash value

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 45 of 62 PAGEID #: 55

House & Home Policy

Allstate
You're in good hands.

Page 21 of 29

payment made for the covered loss to personal written award agreed upon by any two will determine
property and the smallest of 1), 2)or 3)above. the amount of loss.

Personal Property Reimbursement will not apply to: Each party will pay the appraiser it chooses, and
1) property insured under Dwelling Protection- equally bear expenses for the umpire and all other
Coverage A and Other Structures Protection- appraisal expenses.
Coverage B, except wall-to-wall carpeting;
2) antiques, fine arts, paintings, statuary and 8. Abandoned Property
similar articles which, by their inherent nature, We are not obligated to accept any property or
cannot be replaced; responsibility for any property abandoned by an
3) articles whose age or history contribute insured person.
substantially to their value. This includes, but
is not limited to, memorabilia, souvenirs and 9. Permission Granted To You
collector's items; a) The residence premises may be vacant or
4) property that was obsolete or unusable for the unoccupied for any length of time, except where
originally intended purpose because of age or a time limit is indicated in this policy. A building
condition prior to the loss; or structure under construction is not considered
5) motorized land vehicles used solely for the vacant.
service of the insured premises and not licensed b) You may make alterations, additions or repairs, and
for use on public roads. This does not include you may complete structures under construction.
motorized land vehicles designed for assisting
the disabled and not licensed for use on public 10. Our Rights To Recover Payment
roads. W hen we pay for any loss, an insured person's right
to recover from anyone else becomes ours up to the
6. Our Settlement Of Loss a mount we have paid. An insured person must protect
We will settle any covered loss with you unless some these rights and help us enforce them. You may waive
other person or entity is named in the policy. We will your rights to recover against another person for loss
settle within 60 days after the amount of loss is finally involving the property covered by this policy. This waiver
determined. This amount may be determined by an m ust be in writing prior to the date of loss.
agreement between you and us, an appraisal award or
a court judgment. 11. Our Rights To Obtain Salvage
We have the option to take all or any part of the
7. Appraisal damaged or destroyed covered property upon
If you and we fail to agree on the amount of loss, either replacement by us or payment of the agreed or
party may make written demand for an appraisal. Upon a ppraised value.
such demand, each party must select a competent and
impartial appraiser and notify the other of the appraiser's We will notify you of our intent to exercise this option
identity within 20 days after the demand is received. The within 30 days after we receive your signed, sworn proof
appraisers will select a competent and impartial umpire. of loss. If no signed, sworn proof of loss is requested by
If the appraisers are unable to agree upon an umpire us, we will notify you of our intent to exercise this option
within 15 days, you or we can ask a judge of a court of within 60 days after the date you report the loss to us.
record in the state where the residence premises is
located to select an umpire. W hen we settle any loss caused by theft or
disappearance, we have the right to obtain all or part
The appraisers shall then determine the amount of loss, of any property which may be recovered. An insured
stating separately the actual cash value and the amount person must protect this right and inform us of any
of loss to each item. If the appraisers submit a written property recovered. We will inform you of our intent
report of an agreement to you and to us, the amount to exercise this right within 10 days of your notice of
agreed upon shall be the amount of loss. If they cannot recovery to us.
agree, they will submit their differences to the umpire. A

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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House & Home Policy Page 22 of 29

12. Action Against Us premium rates in use by us at the time a change in limits
No one may bring an action against us in any way related is made.
to the existence or amount of coverage, or the amount of
loss for which coverage is sought, under a coverage to We will not reduce the Limit Of Liability shown on the
which Section I Conditions applies, unless: Policy Declarations without your consent. You agree
a) there has been full compliance with all policy terms; that it is your responsibility to ensure that each of the
and Limits Of Liability shown on the Policy Declarations are
b) the action is commenced within one year after the a ppropriate for your insurance needs. If you want to
i nception of loss or damage. i ncrease or decrease any of the Limits Of Liability shown
on the Policy Declarations, you must contact us to
13. Loss To A Pair Or Set request such a change.
If there is a covered loss to a pair or set, we may:
a) repair or replace any part of the pair or set to 18. Mortgagee
restore it to its actual cash value before the loss; or A covered loss will be payable to the mortgagee(s)
b) pay the difference between the actual cash value of named on the Policy Declarations, to the extent of their
the pair or set before and after the loss. i nterest and in the order of precedence. All provisions
of Section I of this policy apply to these mortgagees.
14. Glass Replacement
Payment for loss to covered glass includes the cost of We will:
using safety glazing materials when required by law. a) protect the mortgagee's interest in a covered
building structure in the event of an increase in
15. No Benefit To Bailee hazard, intentional or criminal acts of, or directed
This insurance will not benefit any person or organization by, an insured person, failure by any insured person
that may be caring for or handling your property for a to take all reasonable steps to save and preserve
fee. property after a loss, a change in ownership, or
foreclosure if the mortgagee has no knowledge of
16. Other Insurance these conditions; and
If both this insurance and other insurance apply to a loss, b) give the mortgagee at least 10 days notice if we
we will pay the proportionate amount that this insurance cancel this policy.
bears to the total amount of all applicable insurance.
However, in the event of a loss by theft, this insurance The mortgagee will:
shall be excess over any other insurance that covers loss a) furnish proof of loss within 60 days after notice
by theft. of the loss if an insured person fails to do so;
b) pay upon demand any premium due if an insured
17. Property Insurance Adjustment person fails to do so;
At each policy renewal, we may increase the Limit Of c) notify us in writing of any change of ownership or
Liability shown on the Policy Declarations for Dwelling occupancy or any increase in hazard of which the
Protection-Coverage A to reflect the minimum amount mortgagee has knowledge;
of insurance coverage we are willing to issue for the d) give us the mortgagee's right of recovery against
succeeding policy period under Dwelling Protection- any party liable for loss; and
Coverage A for your dwelling and other property we e) after a loss, and at our option, permit us to satisfy
cover under Dwelling Protection-Coverage A. the mortgage requirements and receive full transfer
of the mortgage.
Any adjustment in the limit of liability for Dwelling
Protection-Coverage A will result in an adjustment in This mortgagee interest provision shall apply to any
the limit of liability for Other Structures Protection- trustee or loss payee or other secured party.
Coverage B and Personal Property Protection-Coverage
C in accordance with our manual of Rules and Rates. 19. Mold,Fungus, Wet Rot And Dry Rot Remediation
As A Direct Result Of A Covered Water Loss
Any adjustment in premium - resulting from the In the event of a covered water loss under Dwelling
application of this condition will be made based on Protection-Coverage A, Other Structures Protection-

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 47 of 62 PAGEID #: 57

House & Home Policy

Allstate
You're in good hands.

Page 23 of 29

Coverage B or Personal Property Protection-Coverage b) such bodily injury or property damage is of a


C, we will pay up to $5,000 for mold,fungus, wet rot or different kind or degree than intended or reasonably
dry rot remediation. expected; or
c) such bodily injury or property damage is sustained
Remediation means the reasonable and necessary by a different person than intended or reasonably
treatment, removal or disposal of mold, fungus, wet rot expected.
or dry rot as required to complete repair or replacement
of property we cover under Dwelling Protection- This exclusion applies regardless of whether such
Coverage A, Other Structures Protection-Coverage B or insured person is actually charged with, or convicted of,
Personal Property Protection-Coverage C damaged by a a crime.
covered water loss, including payment for any
reasonable increase in living expenses necessary to 2. We do not cover bodily injury to an insured person
maintain your normal standard of living if mold,fungus, or property damage to property owned by an insured
wet rot or dry rot makes your residence premises person whenever any benefit of this coverage would
uninhabitable. Remediation also includes any accrue directly or indirectly to an insured person.
investigation or testing to detect, measure or evaluate
mold, fungus, wet rot or dry rot. 3. We do not cover bodily injury to any person eligible
to receive any benefits required to be provided, or
This Condition does not increase the limits of liability voluntarily provided, by an insured person under any
under Dwelling Protection-Coverage A, Other workers' compensation, non-occupational disability or
Structures Protection-Coverage B or Personal Property occupational disease law.
Protection-Coverage C.
4. We do not cover bodily injury or property damage
arising out of the ownership, maintenance, use,
Section II Family Liability And Guest occupancy, renting, loaning, entrusting, loading or
Medical Protection unloading of aircraft.

Family Liability Protection-Coverage X We will not apply this exclusion to bodily injury to a
residence employee.
Losses We Cover Under Coverage X:
Subject to the terms, conditions and limitations of this policy, 5. We do not cover bodily injury or property damage
we will pay damages which an insured person becomes arising out of the ownership, maintenance, use,
legally obligated to pay because of bodily injury or property occupancy, renting, loaning, entrusting, loading or
damage arising from an occurrence to which this policy unloading of any motor vehicle or trailer. We will not
applies, and is covered by this part of the policy. apply this exclusion to:
a) a motor vehicle in dead storage or used exclusively
We may investigate or settle any claim or suit for covered on an insured premises;
damages against an insured person. If an insured person is b) any motor vehicle designed principally for
sued for these damages, we will provide a defense with recreational use off public roads, unless that vehicle
counsel of our choice, even if the allegations are groundless, is owned by an insured person and is being used
false or fraudulent. We are not obligated to pay any claim or away from an insured premises;
judgment after we have exhausted our limit of liability. c) a motorized wheelchair;
d) a vehicle used to service an insured premises which
Losses We Do Not Cover Under Coverage X: is not designed for use on public roads and not
1. We do not cover any bodily injury or property damage subject to motor vehicle registration;
i ntended by, or which may reasonably be expected to e) a golf cart owned by an insured person when used
result from the intentional or criminal acts or omissions for golfing purposes;
of, any insured person. This exclusion applies even if: f) a trailer of the boat, camper, home or utility type
a) such insured person lacks the mental capacity to unless it is being towed or carried by a motorized
govern his or her conduct; land vehicle;
g) lawn or garden implements under 40 horsepower; or

EXHIBIT C
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House & Home Policy Page 24 of 29

h) bodily injury to a residence employee. 10. We do not cover any liability imposed upon any insured
person by any civil, governmental or military authority
6. We do not cover bodily injury or property damage for bodily injury or property damage which results in any
arising out of the ownership, maintenance, use, manner from vapors,fumes,smoke,smog,soot, alkalis,
occupancy, renting, loaning, entrusting, loading or acids, toxic chemicals, toxic gasses, toxic liquids, toxic
unloading of watercraft away from an insured premises solids, waste materials, or other irritants, contaminants
if the watercraft: or pollutants.
a) has inboard or inboard-outboard motor power of
more than 50 horsepower; 11. We do not cover bodily injury or property damage
b) is a sailing vessel 26 feet or more in length; arising out of the rendering of, or failure to render,
c) is powered by one or more outboard motors with professional services by an insured person.
more than 25 total horsepower;
d) is designated as an airboat, air cushion, or similar 12. We do not cover bodily injury or property damage
type of watercraft; or arising out of the past or present business activities of
e) is a personal watercraft, meaning a craft propelled an insured person.
by a water jet pump engine and designed to be
operated by a person or persons sitting, standing We will not apply this exclusion to bodily injury or
or kneeling on the craft. property damage arising from the occasional or part-
time business activities of an insured person who is a
We will not apply this exclusion to bodily injury to a student under 21 years of age who is self-employed and
residence employee. has no employees.

7. We do not cover bodily injury or property damage 13. We do not cover bodily injury or property damage
arising out of: arising out of any premises, other than an insured
a) the negligent supervision by any insured person premises, owned, rented or controlled by an insured
of any person; or person. We will not apply this exclusion to bodily injury
b) any liability statutorily imposed on any insured to a residence employee.
person;
14. We do not cover property damage to property rented to,
arising from the ownership, maintenance, use,
occupied or used by, or in the care of, an insured person.
occupancy, renting, loaning, entrusting, loading or We will not apply this exclusion if the property damage
unloading of any aircraft, watercraft, hovercraft,
is caused by fire, explosion or smoke.
motorized land vehicle or trailer which is not covered
under Section II of this policy. 15. We do not cover any liability an insured person assumes
arising out of any contract or agreement.
8. We do not cover any bodily injury which results in any
manner from the discharge, dispersal, release or escape 16. We do not cover bodily injury or property damage
of vapors,fumes, smoke,smog,soot, alkalis, acids, toxic caused by:
chemicals, toxic gasses, toxic liquids, toxic solids, waste a) war, whether declared or undeclared;
materials, or other irritants, contaminants or pollutants. b) warlike acts;
c) invasion;
We will not apply this exclusion to bodily injury which
d) insurrection;
results from such discharge, dispersal, release or escape,
e) rebellion;
if the discharge, dispersal, release or escape is sudden
f) revolution;
and accidental.
g) civil war;
h) usurped power;
9. We do not cover any property damage which results
)
i destruction for a military purpose; or
in any manner from vapors,fumes, smoke,smog, soot,
j) action taken by civil, governmental or military
alkalis, acids, toxic chemicals, toxic gasses, toxic liquids,
authority to hinder or defend against an actual or
toxic solids, waste materials, or other irritants,
i mpending enemy act.
contaminants or pollutants.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 49 of 62 PAGEID #: 59

House & Home Policy

Allstate
You're in good hands.

Page 25 of 29

17. We do not cover bodily injury or property damage 2. off the insured premises, if the bodily injury:
w hich, in whole or in part, arises out of, is aggravated by a) arises out of a condition on the insured premises or
or results from mold, fungus, wet rot, dry rot or bacteria. i mmediately adjoining ways;
b) is caused by the activities of an insured person or a
18. We do not cover any liability imposed upon any insured residence employee;
person by any civil, governmental or military authority c) is caused by an animal owned by or in the care of an
for bodily injury or property damage which, in whole or insured person; or
i n part, arises out of, is aggravated by or results from d) is sustained by a residence employee.
mold,fungus, wet rot, dry rot or bacteria.
Losses We Do Not Cover Under Coverage Y:
19. We do not cover any loss, cost or expense arising out of 1. We do not cover any bodily injury intended by, or which
any request, demand, or order that any insured person may reasonably be expected to result from the
test for, monitor, clean up, remove, contain, treat, intentional or criminal acts or omissions of, any insured
detoxify, decontaminate, or neutralize, or in any way person. This exclusion applies even if:
respond to or assess the effects of any type of vapors, a) such insured person lacks the mental capacity to
fumes,smoke,smog,soot, alkalis, acids, toxic chemicals, govern his or her conduct;
toxic gasses, toxic liquids, toxic solids, waste materials, b) such bodily injury is of a different kind or degree
or other irritants, contaminants or pollutants. than intended or reasonably expected; or
c) such bodily injury is sustained by a different person
20. We do not cover bodily injury or property damage than intended or reasonably expected.
arising out of nuclear hazard, meaning nuclear reaction,
discharge, radiation or radioactive contamination, or any This exclusion applies regardless of whether such
consequence of any of these. Bodily injury or property insured person is actually charged with, or convicted of,
damage arising out of a nuclear hazard is not considered a crime.
as arising from fire, explosion or smoke.
2. We do not cover bodily injury to any insured person or
21. We do not cover bodily injury or property damage regular resident of the insured premises. We will not
arising out of the ownership, maintenance, use, a pply this exclusion to a residence employee.
occupancy, renting, loaning, entrusting, loading or
unloading of hovercrafts. We will not apply this exclusion 3. We do not cover bodily injury to any person eligible
to bodily injury to a residence employee. to receive any benefits required to be provided, or
voluntarily provided, under any workers compensation,
Guest Medical Protection-Coverage Y non-occupational disability or occupational disease law.

Losses We Cover Under Coverage Y: 4. We do not cover bodily injury arising out of the
We will pay the reasonable expenses incurred for necessary ownership, maintenance, use, occupancy, renting,
medical, surgical, X-ray and dental services, ambulance, loaning, entrusting, loading or unloading of aircraft.
hospital, licensed nursing and funeral services, and prosthetic
devices, eye glasses, hearing aids, and pharmaceuticals. We will not apply this exclusion to bodily injury to a
These expenses must be incurred and the services performed residence employee.
within three years from the date of an occurrence causing
bodily injury to which this policy applies, and is covered by 5. We do not cover bodily injury arising out of the
this part of the policy. ownership, maintenance, use, occupancy, renting,
loaning, entrusting, loading or unloading of any motor
Each person who sustains bodily injury is entitled to this vehicle or trailer. We will not apply this exclusion to:
protection when that person is: a) a motor vehicle in dead storage or used exclusively
1. on the insured premises with the permission of an on an insured premises;
insured person; or b) any motor vehicle designed principally for
recreational use off public roads, unless that vehicle
is owned by an insured person and is being used
away from an insured premises;

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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House & Home Policy Page 26 of 29

c) a motorized wheelchair; if the discharge, dispersal, release or escape is sudden


d) a vehicle used to service an insured premises which and accidental.
is not designed for use on public roads and not
subject to motor vehicle registration; 9. We do not cover bodily injury arising out of the
e) a golf cart owned by an insured person when used rendering of, or failure to render, professional services
for golfing purposes; by an insured person.
f) a trailer of the boat, camper, home or utility type
unless it is being towed or carried by a motorized 10. We do not cover bodily injury arising out of the past or
land vehicle; present business activities of an insured person.
g) lawn or garden implements under 40 horsepower; or
h) bodily injury to a residence employee. We will not apply this exclusion to bodily injury arising
from the occasional or part-time business activities of
6. We do not cover bodily injury arising out of the an insured person who is a student under 21 years of age
ownership, maintenance, use, occupancy, renting, who is self-employed and has no employees.
loaning, entrusting, loading or unloading of watercraft
away from an insured premises if the watercraft: 11. We do not cover bodily injury to any person on the
a) has inboard or inboard-outboard motor power insured premises because of a business activity or
of more than 50 horsepower; professional service conducted there.
b) is a sailing vessel 26 feet or more in length;
c) is powered by one or more outboard motors with 12. We do not cover bodily injury arising out of any
more than 25 total horsepower; premises, other than an insured premises, owned, rented
d) is designated as an airboat, air cushion, or similar or controlled by an insured person. We will not apply this
type of watercraft; or exclusion to bodily injury to a residence employee.
e) is a personal watercraft, meaning a craft propelled
by a water jet pump engine and designed to be 13. We do not cover bodily injury caused by:
operated by a person or persons sitting, standing a) war, whether declared or undeclared;
or kneeling on the craft. b) warlike acts;
c) invasion;
We will not apply this exclusion to bodily injury to a d) insurrection;
residence employee. e) rebellion;
f) revolution;
7. We do not cover bodily injury arising out of: g) civil war;
a) the negligent supervision by any insured person h) usurped power;
of any person; or i
) destruction for a military purpose; or
b) any liability statutorily imposed on any insured j) action taken by civil, governmental or military
person; authority to hinder or defend against an actual or
i mpending enemy act.
arising from the ownership, maintenance, use,
occupancy, renting, loaning, entrusting, loading or 14. We do not cover bodily injury which, in whole or in part,
unloading of any aircraft, watercraft, hovercraft, arises out of, is aggravated by or results from mold,
motorized land vehicle or trailer which is not covered fungus, wet rot, dry rot or bacteria.
under Section II of this policy.
15. We do not cover bodily injury arising out of nuclear
8. We do not cover any bodily injury which results in any hazard, meaning nuclear reaction, discharge, radiation or
manner from the discharge, dispersal, release or escape radioactive contamination, or any consequence of any of
of vapors,fumes,smoke,smog,soot, alkalis, acids, toxic these. Bodily injury arising out of a nuclear hazard is not
chemicals, toxic gasses, toxic liquids, toxic solids, waste considered as arising from fire, explosion or smoke
materials, or other irritants, contaminants or pollutants.
16. We do not cover bodily injury arising out of the
We will not apply this exclusion to bodily injury which ownership, maintenance, use, occupancy, renting,
results from such discharge, dispersal, release or escape, loaning, entrusting, loading or unloading of hovercrafts.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 51 of 62 PAGEID #: 61

House & Home Policy

Allstate
You're in good hands.

Page 27 of 29

We will not apply this exclusion to bodily injury to a 3) the ownership or use of a motorized land
residence employee. vehicle, trailer, aircraft, hovercraft or watercraft.

Section II Additional Protection Section II Conditions


We will pay, in addition to the limits of liability: 1. What You Must Do After A Loss
1. Claim Expenses I n the event of bodily injury or property damage, you
We will pay: m ust do the following:
a) all costs we incur in the settlement of any claim or a) Promptly notify us or our agent stating:
the defense of any suit against an insured person; 1) your name and policy number;
b) interest accruing on damages awarded until such 2) the date, the place and the circumstances of
time as we have paid, formally offered, or deposited the loss;
in court the amount for which we are liable under 3) the name and address of anyone who might
this policy; interest will be paid only on damages have a claim against an insured person;
which do not exceed our limits of liability; 4) the names and addresses of any witnesses.
c) premiums on bonds required in any suit we defend; b) Promptly send us any legal papers relating to the
we will not pay bond premiums in an amount that is accident.
more than our limit of liability; we have no obligation c) At our request, an insured person will:
to apply for or furnish bonds; 1) cooperate with us and assist us in any matter
d) up to $150 per day for loss of wages and salary, concerning a claim or suit;
when we ask you to attend trials and hearings; 2) help us enforce any right of recovery against any
e) any other reasonable expenses incurred by an person or organization who may be liable to an
insured person at our request. insured person;
3) attend any hearing or trial.
2. Emergency First Aid d) Under the Damage To Property Of Others
We will pay reasonable expenses incurred by an insured protection, give us a sworn statement of the loss.
person for first aid to other persons at the time of an This must be made within 60 days after the date of
accident involving bodily injury covered under this loss. Also, an insured person must be prepared to
policy. show us any damaged property under that person's
control.
3. Damage To Property Of Others
At your request, we will pay up to $1,000 each time an Any insured person will not voluntarily pay any money,
insured person causes property damage to someone assume any obligations or incur any expense, other than
else's property. At our option, we will pay the cost to for first aid to others at the time of the loss as provided
either repair or replace the property damaged by an for in this policy.
insured person, without deduction for depreciation.
2. What An injured Person Must Do—Guest Medical
We will not pay for property damage: Protection-Coverage Y
a) to property covered under Section I of this policy; If someone is injured, that person, or someone acting
b) to property intentionally damaged by an insured for that person, must do the following:
person who has attained the age of 13; a) Promptly give us written proof of the loss. If we
c) to property owned by or rented to an insured request, this must be done under oath.
person, any tenant of an insured person, or any b) Give us written authorization to obtain copies of
resident in your household; or all medical records and reports.
d) arising out of: c) Permit doctors we select to examine the injured
1) past or present business activities; person as often as we may reasonably require.
2) any act or omission in connection with a
premises, other than an insured premises,
owned, rented or controlled by an insured
person; or

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
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House & Home Policy Page 28 of 29

3. Our Payment Of Loss—Guest Medical Protection- c) No one may bring an action against us in any way
Coverage Y related to the existence or amount of coverage, or
We may pay the injured person or the provider of the the amount of loss for which coverage is sought,
medical services. Payment under this coverage is not under Guest Medical Protection-Coverage Y, unless
an admission of liability by us or an insured person. such action is commenced within one year after the
date the expenses for which coverage is sought were
4. Our Limits Of Liability actually incurred.
Regardless of the number of insured persons, injured d) No one may bring an action against us in any way
persons, claims, claimants or policies involved, our total related to the existence or amount of coverage, or
liability under Family Liability Protection-Coverage X for the amount of loss for which coverage is sought,
damages resulting from one occurrence will not exceed under Section II Additional Protection, unless such
the Limit Of Liability shown on the Policy Declarations. action is commenced within one year after the date
All bodily injury and property damage resulting from the claim expenses or emergency first aid expenses
continuous or repeated exposure to the same general for which coverage is sought were actually incurred,
conditions is considered the result of one occurrence. or within one year after the date of loss to the
property if coverage is being sought under the
Our total liability under Guest Medical Protection- Damage To Property Of Others provision.
Coverage Y for all medical expenses payable for bodily e) No one shall have any right to make us a party to
injury, to any one person, shall not exceed the "each an action to determine the liability of an insured
person" Limit Of Liability shown on the Policy person.
Declarations.
8. Other Insurance—Family Liability Protection-
5. Bankruptcy Coverage X
We are not relieved of any obligation under this policy This insurance is excess over any other valid and
because of the bankruptcy or insolvency of an insured collectible insurance except insurance that is written
person. specifically as excess over the limits of liability that
apply to this policy.
6. Our Rights To Recover Payment—Family Liability
Protection-Coverage X
When we pay any loss, an insured person's right to
Section Ill Optional Protection
recover from anyone else becomes ours up to the
amount we have paid. An insured person must Optional Coverages
protect these rights and help us enforce them. The following Optional Coverages may supplement
coverages found in Section I or Section II and apply only
7. Action Against Us when they are indicated on the Policy Declarations. The
a) No one may bring an action against us in any way provisions of this policy apply to each Optional Coverage
related to the existence or amount of coverage, or in this section unless modified by the terms of the specific
the amount of loss for which coverage is sought, Optional Coverage.
unless there has been full compliance with all policy 1. Building Codes-Coverage BC
terms. We will pay up to the Limit Of Liability shown on the
b) No one may bring an action against us in any way Policy Declarations for Building Codes coverage to
related to the existence or amount of coverage, or comply with local building codes after covered loss to
the amount of loss for which coverage is sought, the dwelling or when repair or replacement results in
under Family Liability Protection-Coverage X, increased cost due to the enforcement of any building
unless the obligation of an insured person to pay has codes, ordinances or laws regulating or requiring the
been finally determined either by judgment against construction, reconstruction, maintenance, replacement,
the insured person after actual trial, or by written repair, placement or demolition of the dwelling.
agreement of the insured person, injured person and
us, and the action against us is commenced within 2. Increased Coverage On Business Property-Coverage BP
one year of such judgment or agreement. The limitation on business property located on the
residence premises, under Personal Property

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 53 of 62 PAGEID #: 63

House & Home Policy

Allstate
You're in good hands.

Page 29 of 29

Protection-Coverage C, is increased to the amount This coverage is excess over any insurance collectible
shown on the Policy Declarations. This increased under any policy or policies covering the association of
coverage includes property held as samples or for building owners.
sale or delivery after sale, while the property is on
the residence premises. 5. Extended Coverage On Jewelry, Watches And Furs-
Coverage 1
3. Fire Department Charges-Coverage F Personal Property Protection-Coverage C is extended to
The $500 limit applying to the fire department service pay for sudden and accidental direct physical loss to the
charges under Additional Protection is increased to following property, subject to the provisions in this
the amount shown on the Policy Declarations. coverage:
a) jewelry, watches, gems, precious and semi-precious
4. Loss Assessments-Coverage G stones, gold, platinum; and
If your residence premises includes a building structure b) furs, including any item containing fur which
w hich is constructed in common with one or more similar represents its principal value.
buildings, and you are a member of, and subject to the
rules of, an association governing the areas held in The total amount of coverage and per item limit is shown
common by all building owners as members of the on the Policy Declarations. This amount is not in addition
association, the insured premises means the building to the amount of insurance applying to Personal
structure occupied exclusively by your household as a Property Protection-Coverage C. However, in no event
private residence, including the grounds, related will coverage be less than would have applied in the
structures and private approaches to them. absence of Coverage J.

We will pay your share of any special assessments The following exclusions contained in Losses We Do Not
charged against all building owners by the association up Cover Under Coverage C apply to the coverage afforded
to the Limit Of Liability shown on the Policy Declarations, under this Coverage I items A.7, A.8, D.1 and D.3. In
when the assessment is made as a result of: addition, we do not cover any loss consisting of or
a) sudden and accidental direct physical loss to the caused by one or more of the following excluded events,
property held in common by all building owners perils or conditions. Such loss is excluded regardless of
caused by a loss we cover under Section I of this whether the excluded event, peril or condition involves
policy; or isolated or widespread damage, arises from natural,
b) bodily injury or property damage covered under man-made or other forces, or arises as a result of any
Section II of this policy. combination of these forces.
a) wear and tear;
Any reduction or elimination of payments for losses b) gradual deterioration;
because of any deductible applying to the insurance c) inherent vice; or
coverage of the association of building owners d) insects or vermin.
collectively is not covered under this protection.
Any deductible shown on the Policy Declarations
We will pay only when the assessment levied against applicable to Personal Property Protection-Coverage C,
the insured person, as a result of any one loss, for bodily also applies to a loss under this coverage.
injury or property damage exceeds $500 and then only
for the amount of such excess. This coverage is not 6. Increased Coverage On Theft Of Silverware-
subject to any deductible applying to Section I of this Coverage ST
policy. The $2,500 limitation on theft of goldware, silverware,
pewterware and platinumware under Personal Property
In the event of an assessment, this coverage is subject Protection-Coverage C is increased to the amount
to all the exclusions applicable to Sections I and II of shown on the Policy Declarations.
this policy and the Section I and II Conditions, except
as otherwise noted.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 54 of 62 PAGEID #: 64

Policy Endorsement
Pagel of 1 Allstate
You're in good hands.

The following endorsement changes your policy.


Please read this document carefully and keep it with
your policy.
Windstorm and Hail Deductible
Endorsement - AVP82(2016)
U nder Section I Conditions, Conditions 1,"Deductible," the
following is added:

Windstorm And Hail Deductible


The windstorm and hail deductible applies in the event of
covered loss caused by windstorm or hail.

The windstorm and hail deductible amount will appear on


your Policy Declarations. We will pay only when a covered
loss to which this deductible applies exceeds the
windstorm and hail deductible amount. We will then pay
only the excess amount.

If another deductible applicable to the loss exceeds the


windstorm and hail deductible, the greater deductible will
be applied to the loss.

All other provisions of your policy apply.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 55 of 62 PAGEID #: 65

Page 'I of 2
Policy Endorsement

The following endorsement changes your policy. Misrepresentation, Fraud Or Concealment


It is understood and agreed that the statements made by any named
Please read this document carefully and keep it with your policy.
insured, or any applicant, in the application for insurance, during the
application process, during the renewal process, or on the Policy
Ohio Amendatory Endorsement - AVP103-3 Declarations, are warranties and are incorporated into, and shall form
I. In the General section the following changes are made: part of this policy.
A. The Cancellation provision is replaced by the following: This entire policy is void from its inception if any warranty made by
any named insured, or any applicant, is found to be false.
Cancellation
Your Right to Cancel: We may not provide coverage for any insured who has made
You may cancel this policy by notifying us of the future date you fraudulent statements or engaged in fraudulent conduct in
wish to stop coverage. connection with any accident or loss for which coverage is sought
under this policy.
Our Right to Cancel:
We may cancel this policy by mailing notice to you at the mailing C. The following provisions are added:
address shown on the Policy Declarations. When this policy has been
Conditional Reinstatement
in effect for less than 60 days, and it is not a renewal with us, we
If we mail a cancellation notice because you didn't pay the required
may cancel this policy for any reason by giving you at least 30 days
premium when due and you then tender payment by check, draft, or
notice before the cancellation takes effect.
other remittance which is not honored upon presentation, your
When this policy has been in effect for 60 days or more, or if it is a policy will terminate on the date and time shown on the cancellation
renewal with us, we may cancel this policy for one or more of the notice and any notice we issue which waives the cancellation or
following reasons: reinstates coverage is void. This means that we will not be liable
1. non-payment of premium; under this policy for claims or damages after the date and time
2. the policy was obtained by misrepresentation,fraud or indicated on the cancellation notice.
concealment of material facts;
Loss Reduction And Other Items
3. material misrepresentation,fraud or concealment of material
From time to time and in our sole discretion, we may provide you,or
facts in presenting a claim, or violation of any of the policy
allow others to provide you, with:
terms; or
1. items, memberships,special offers, merchandise, services,
4. there has been a substantial change or increase in hazard in the
classes, seminars or other things of value designed to help you
risk we originally accepted.
or other persons insured under this policy manage the risks you
If the cancellation is for non-payment of premium, we will give you or they face, including, but not limited to, loss reduction or
at least 10 days notice. If the cancellation is for any other reason, we safety-related items; or
will give you at least 30 days notice.
2. items, memberships, special offers, merchandise, services,
Our mailing the notice of cancellation to you will be deemed proof of classes, seminars or things of any other type that we think may
notice. Coverage under this policy will terminate on the effective date be of value to you or someone else insured under this policy.
and hour stated on the cancellation notice. Your return premium, if
These items, memberships, special offers, merchandise, services,
any, will be calculated on a pro rata basis and refunded at the time of
classes, seminars or other things of value may be provided in any
cancellation or as soon as possible. However, refund of unearned
form, including, but not limited to, redemption codes, coupons,
premium is not a condition of cancellation.
vouchers and gift cards.
Our Right Not to Renew or Continue:
In Section I—Your Property, the following changes are made:
We have the right not to renew or continue the policy beyond the
current policy period. If we do not intend to continue or renew the A. Under Other Structures Protection-Coverage B, Losses We Do
policy, we will mail you notice at least 30 days before the end of the Not Cover Under Coverages A and B,item D.10 is replaced by the
policy period. Our mailing the notice of nonrenewal to you will be following:
deemed proof of notice.
10. Vandalism or malicious mischief including, but not limited to,
B. The Misrepresentation,Fraud Or Concealment provision is fire or other perils resulting from acts of vandalism or malicious
replaced by the following: mischief, if your dwelling is vacant or unoccupied for more
than 30 consecutive days immediately prior to the vandalism or

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 56 of 62 PAGEID #: 66

Page 2 of 2 Allstate
You're in good hands.

malicious mischief. A dwelling under construction is not These periods of time are not limited by the termination of this
considered vacant or unoccupied. policy.
B. Under Personal Property Protection-Coverage C,Property We In no event shall our payment for additional living expenses exceed
Cover Under Coverage C,item u s replaced by the following: the Limit Of Liability shown on your Policy Declarations for
Additional Living Expense.
1. Personal property owned or used by an insured person
anywhere in the world. When personal property is located away We do not cover any lost income or expense due to the cancellation
from the residence premises, coverage is limited to 10% of of a lease or agreement.
Personal Property Protection-Coverage C.
No deductible applies to this protection.
This limitation does not apply to personal property:
a) in a newly acquired principal residence for the 30 days
immediately after you begin to move property there; or All other policy terms and conditions apply.
b) in use at a temporary residence when a direct physical loss
we cover makes your residence premises uninhabitable.
C. Under Personal Property Protection-Coverage C. Losses We
Cover Under Coverage C,item 8 is replaced by the following:
8. Vandalism and malicious mischief.
We do not cover vandalism or malicious mischief including,
but not limited to, fire or other perils resulting
from acts of vandalism or malicious mischief, if
your dwelling has been vacant or unoccupied for more than 30
consecutive days immediately prior to the vandalism or
malicious mischief. A dwelling under construction is not
considered vacant or unoccupied.
III. In Section! Additional Protection,item 1 is replaced by the following:
1. Additional Living Expense
We will pay the reasonable increase in living expenses necessary to
maintain your normal standard of living when a direct physical loss
we cover under Dwelling Protection-Coverage A, Other Structures
Protection-Coverage B or Personal Property Protection-Coverage C
makes your residence premises uninhabitable. However,additional
living expense due to remediation of mold,fungus, wet rot or dry rot
will not be paid in addition to any amounts paid or payable under
Section I Conditions, Mold, Fungus, Wet Rot And Dry Rot
Remediation As A Direct Result Of A Covered Water Loss.
Payment for additional living expense as a result of a covered loss
under Dwelling Protection-Coverage A, Other Structures
Protection-Coverage B or Personal Property Protection -Coverage C
will be limited to the least of the following:
a) the time period required to repair or replace the property we
cover, using due diligence and dispatch;
b) if you permanently relocate, the shortest time for your
household to settle elsewhere; or
c) 24 months.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 57 of 62 PAGEID #: 67

Policy Endorsement
Allstate
You're in good hands.

Page 1 of 2

The following endorsement changes your policy. For the purposes of this endorsement only, Section I
Please read this document carefully and keep it with Additional Protection is replaced with the following:
your policy. • Water Back-Up-Coverage WB Additional Protection
The coverage afforded under Water Back-Up-Coverage
Water Back-Up Endorsement - AVP258 WB Additional Protection does not increase the limit of
For an additional premium and when your Policy Declarations Water Back-Up-Coverage WB.
indicates that Water Back-Up applies, the following coverage
is added: • Additional Living Expense
We will pay the reasonable increase in living expenses
Water Back-Up-Coverage WB necessary to maintain your normal standard of living when
We will cover sudden and accidental direct physical loss to a direct physical loss covered under Water Back-Up-
property we cover under Dwelling Protection-Coverage A, Coverage WB makes your residence premises
Other Structures Protection-Coverage B and Personal uninhabitable. However, additional living expense due to
Property Protection-Coverage C caused by water or any other remediation of mold,fungus, wet rot or dry rot will not be
substances within your dwelling or other building structures paid in addition to any amounts paid or payable under
on the residence premises which: Section I Conditions, Mold,Fungus, Wet Rot And Dry Rot
a) backs up through sewers or drains located within the Remediation As A Direct Result Of A Water Loss Covered
residence premises; or Under Water Back-Up-Coverage WB.
b) overflows from a sump pump,sump pump well or other
system located within the residence premises designed Payment for additional living expense as a result of a direct
for the removal of subsurface water which is drained from physical loss covered under Water Back-Up-Coverage
a foundation area of a structure. WB will be limited to the least of the following:
a) the time period required to repair or replace the
The limit of liability for Water Back-Up-Coverage WB is property we cover, using due diligence and dispatch;
shown on your Policy Declarations. This is the total amount for b) if you permanently relocate, the shortest time for your
any one loss available under Water Back-Up-Coverage WB household to settle elsewhere; or
including amounts paid or payable under Water Back-Up- c) 12 months.
Coverage WB Additional Protection. Once this limit of liability
for Water Back-Up-Coverage WB is exhausted, no further These periods of time are not limited by the termination of
amounts will be available. this policy.

The insurance provided by Water Back-Up-Coverage WB shall We do not cover any lost income or expense due to the
be excess over any other insurance that also applies to a loss cancellation of a lease or agreement.
covered under this coverage.
• Debris Removal
This coverage does not apply if the loss occurs or is in progress We will pay reasonable expenses you incur to remove
within the first ten days that the Water Back-Up Endorsement debris of covered property damaged by a loss we cover
is initially bound except if the Water Back-Up Endorsement is under Water Back-Up-Coverage WB.
bound at the original inception of your policy.
• Temporary Repairs After A Loss
If you increase the limit and/or lower the deductible for your We will reimburse you for the reasonable and necessary
existing Water Back-Up Endorsement, your coverage will be cost you incur for temporary repairs to protect covered
limited to the prior limit and/or deductible for the first ten days property from further imminent covered loss following a
after the new limit and/or deductible is bound to your policy. loss we cover under Water Back-Up-Coverage WB.This
coverage does not increase the limit of liability applying to
The deductible for Water Back-Up-Coverage WB will be the property being repaired.
shown on your Policy Declarations. The deductible for Water
Back-Up-Coverage WB will apply to a loss covered under
Water Back-Up-Coverage WB.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 58 of 62 PAGEID #: 68

Policy endorsement Page 2 of 2

In Section I Conditions, under item 19, Mold, Fungus, Wet Rot


And Dry Rot Remediation As A Direct Result Of A Covered
Water Loss, the following provision is added:

Mold, Fungus,Wet Rot And Dry Rot Remediation As A


Direct Result Of A Water Loss Covered Under Water
Back-Up-Coverage WB
In the event of a water loss covered under Water Back-
Up-Coverage WB,we will pay up to $5,000 for mold,
fungus, wet rot or dry rot remediation.

Remediation means the reasonable and necessary


treatment, removal or disposal of mold,fungus, wet rot or
dry rot as required to complete repair or replacement of
property we cover under Dwelling Protection-Coverage
A, Other Structures Protection-Coverage B or Personal
Property Protection-Coverage C damaged by a water loss
covered under Water Back-Up-Coverage WB , including
payment for any reasonable increase in living expenses
necessary to maintain your normal standard of living if
mold, fungus, wet rot or dry rot makes your residence
premises uninhabitable. Remediation also includes any
investigation or testing to detect, measure or evaluate
mold,fungus, wet rot or dry rot.

Payments under Section I Conditions, Mold,Fungus, Wet


Rot And Dry Rot Remediation As A Direct Result Of A
Water Loss Covered Under Water Back-Up-Coverage WB
will not reduce amounts paid or payable under Water
Back-Up-Coverage WB.

All other policy terms and conditions apply.

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 59 of 62 PAGEID #: 69

Policy endorsement

The following endorsement changes your policy.


Please read this document carefully and keep it with your policy. d) 1) to property owned by an insured person;
2) to property of an insured person's tenant, roomer or boarder;
Amendatory Endorsement - AVP381 3) to property of any employee of an insured person's tenant,
In Section II Additional Protection, item 3, Damage To Property Of Others, roomer or boarder;
is replaced by the following: 4) to property of any guest of an insured person's tenant, roomer
or boarder; or
3. Damage To Property Of Others 5) to property of any resident in your household; or
At your request, we will pay: e) arising out of:
1) past or present business activities;
A. subject to the $10,000 per excursion limit described in this sub-item 2) any act or omission in connection with a premises, other than an
3.A, for property damage an insured person causes to someone insured premises, owned, rented or controlled by an insured
else's property which is, or is furnished in connection with, a private person; or
residence, or a hotel room or similar accommodation, rented to, 3) the ownership or use of a motorized land vehicle, trailer,
occupied or used by, or in the care of, an insured person for aircraft, hovercraft or watercraft.
temporary overnight lodging purposes while such insured person is
traveling, vacationing or otherwise away from their residence.
All other policy terms and conditions apply.
The total amount we will pay will not exceed $10,000 per excursion.
For purposes of this protection, an excursion begins the day an
insured person leaves their residence for the purpose described
above and ends on the day such person returns to their residence
with no intent to continue that excursion. However, in the event
multiple insured persons participate in any portion of an excursion,
the excursion begins the day the first insured person leaves their.
residence for the purpose described above and ends on the day that
all insured persons have returned to their residence with no intent
to continue that excursion.
We will not pay more than $10,000 per excursion, regardless of the
number of insured persons participating in the excursion or causing
property damage during the excursion, the number of separate acts
causing property damage,the duration of the excursion, or the
number of separate policy periods through which the excursion
extends.
B. up to $1,000 each time an insured person causes property damage
to someone else's property of a type for which no protection is
afforded under sub-item 3.A, above.
At our option, we will pay the cost to either repair or replace the property
damaged by an insured person, without deduction for depreciation.

We will not pay for property damage:


a) to property covered under Section I of this policy;
b) to property intentionally damaged by an insured person who has
attained the age of 13;
c) under sub-item 3.A to property damaged in a student dormitory,
fraternity, sorority or off-campus housing caused by any student
other than you;

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 60 of 62 PAGEID #: 70
EXHIBIT

Alistate
You're in good hands.
DALLAS.
B
1111111111111 1 11111111"1111111111111 1 111111 111111 111111111 1111
MARK MESSER
25 W ORCHARD AVE
LEBANON OH 450362107

September 28. 2021

INSURED: MARK MESSER PHONE NUMBER: 248-994-9723


DATE OF LOSS: August 14. 2021 FAX NUMBER: 855-219-7494
CLAIM NUMBER: 0637058124 1LD
POLICY NUMBER: 000826041380
LOSS LOCATION: 25 W ORCHARD AVE.
LEBANON,OH,45036
POLICY TYPE: Homeowners
LOSS TYPE: Fire

Dear MARK MESSER,

Please be advised your claim has been transferred to me for further investigation. At this time. you are requested to send
information concerning your loss on the enclosed form entitled "Sworn Statement in Proof of Loss.- You must return the
completed Proof of Loss within 60 days from the date of the loss or 30 days from the date of this letter, whichever is later.

Please read the representations printed in the Proof of Loss careful!'. Please be advised that Allstate Vehicle and Property
I nsurance Company does not waive any rights under the policy by furnishing this document or assisting you in the
completion of the form.

I n addition to completing the proof of loss, please provide a detailed estimate of the damages sustained to the
property as a result of the loss described above, the cost of repairing such damage must be prepared by a person
competent to prepare such estimates, which if requested, must be authenticated by bids from a general contractor
and/or subcontractor competent to make such repairs; AND

Please furnish a comprehensive inventory of the personal property damage or destroyed in the loss, state the
price, place and date of purchase, present value (allowing for age, use and condition) and estimate amount for
the repairs if the personal property can be repaired. Also, please attach any and all evidence of the purchase in
your possession, such as invoices, cancelled checks, receipts, or other written documents.

It should he expressly understood that no decision has been reached with respect to your claim.

Please have the documentation signed. notarized and returned to this office with all supporting documentation. Please send
original documents and retain copiesfor your personal records.

In some cases, additional information may be requested to support your claim. Your policy requires you to produce
documents and allow us to make copies. permit reasonable inspection(s) of the damaged property by representatives of
A llstate Vehicle and Properly Insurance Company and if requested. your appearance at an Examination Under Oath. This
section of your policy is reproduced on the following page for your review.

0637058124 1LD

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 61 of 62 PAGEID #: 71

This letter and the enclosed forms do not supersede the terms and conditions of the policy in any way. All of the rights and
conditions specified in the policy are preserved for your benefit and for the benefit of Allstate Vehicle and Property Insurance
Company. The sole purpose of this letter is to provide you with an opportunity to comply with the conditions of the policy.

Please complete and return by FAX OR EMAIL ONLY to 855-219-7494 or [email protected]. Please include
your claim number on each page of documents being sent by FAX and in the subject line of all email correspondence. If you
have any questions I can be reached at 248-410-9299. Thank you.

Sincerely;

LOW DAVIS
LORI DAVIS
248-994-9723
A llstate Vehicle and Property Insurance Company

Enclosures

SIUR004 0637058124 I LD

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 62 of 62 PAGEID #: 72

Thefollowing is reproducedfrom your policy:

W HAT YOU MUST DO AFTER A LOSS:

I n the event of a loss to property that this insurance may cover, you must do the following things:

A. Promptly give us or our agent written notice. Report any theft to the police. If the loss involves a credit card
or charge plate. written notice must also be given to the company that issued the card or plate.

B. Protect the property from further loss. This includes making reasonable and necessary repairs to protect it.

C. Promptly separate the damaged from undamaged personal property. Give us a detailed list of the damaged.
destroyed. or stolen property, showing the quantity, cost, actual cash value, and the amount of the loss
claimed.

D. Give us all original bills, invoices and other vouchers, or certified copies. which we may reasonably request
and keep an accurate record of any repair expenses.

E. Produce receipts for any increased costs to maintain your standard ollivine while you reside elsewhere, and
records pertaining to any loss of rental income.

Show the damaged property whenever we reasonably ask. At our request. submit to examinations under
Oath. separately and apart from any other person. Produce representatives. employees, members of the
Insured's household at our request.

G. Within 60 days after the loss, give us a signed, Sworn Proof of Loss. This statement should include
the following information:

I. The time and cause of the loss


2. The interest you and others have in the property, including any encumbrances
3. The actual cash value and amount of loss °leach item damaged or destroyed.
4. Other insurance that may cover the loss.
5. Changes in title. use occupancy, or possession of the property during the policy period.
6. The specifications olany damaged building alteration or improvement we may request.
7. Evidence supporting a claim under the Credit Card and Check Forgery protection, this
should state the cause and the amount of the loss •

0637058124 1LD

EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL

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