Exhibit C
Exhibit C
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
VS
You have been named in a complaint filed in this court by the following party:
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.
MATTHEW S BROWN
950 GOODALE BOULEVARD
SUITE 200
COLUMBUS, OH 43212
By:
HEATHER LAMB, DEPUTY CLERK
June 28, 2022
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
JENNIFER MESSER
25 West Orchard Avenue
Lebanon, Ohio 45036-2107
Plaintiffs,
V.
Defendant.
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
1
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
1. Plaintiffs Mark Messer (Mr. Messer)' and Jennifer Messer (Mrs. Messer)
(collectively the "Messers" or "Insureds") are individuals, residing at 25 West Orchard Avenue,
corporation that provides property and casualty insurance policies, with corporate offices located
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
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
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
2
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
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
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
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
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
1 7. Allstate has not denied coverage of the claim. Despite the lack of denial, Allstate
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
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
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
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
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
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
* * *
Dwelling Protection—Coverage A
6
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
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
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
34. In a letter dated September 28, 2021 sent to their insured, Allstate misrepresented
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
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.
8
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 11 of 62 PAGEID #: 21
g) within 60 days after the loss, give us a signed, sworn proofofthe loss.
This statement must include the following information:
3) the actual cash value and amount of loss for each item
damaged, destroyed or stolen;
36. Allstate's September 28, 2021 correspondence to the insured contradict the policy
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.
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.
9
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
G. Within 60 days after the loss, give us a signed, Sworn Proof of Loss. This
statement should include the following information:
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.
(Emphasis reflects the differences between the correspondence and the policy
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
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
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
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
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
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
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
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:
and damages in excess of $25,000, plus interest at the statutory rate of interest, with the
Allstate and damages in excess $25,000, plus interest at the statutory rate of interest, with
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,
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
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.
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
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.
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
* 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
Page 1 of 3
(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
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
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
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 21 of 62 PAGEID #: 31
* 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.
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
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 22 of 62 PAGEID #: 32
Page 1 of 1
Important notices
Policy number: 826 041380
Policy effective date: April 30, 2021
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
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 24 of 62 PAGEID #: 34
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 25 of 62 PAGEID #: 35
Allstate
You're in good hands.
Page 1 of 29
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 26 of 62 PAGEID #: 36
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
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 27 of 62 PAGEID #: 37
Allstate
You're in good hands.
Page 3 of 29
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 28 of 62 PAGEID #: 38
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 29 of 62 PAGEID #: 39
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
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 30 of 62 PAGEID #: 40
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
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 31 of 62 PAGEID #: 41
Allstate
You're in good hands.
Page 7 of 29
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 32 of 62 PAGEID #: 42
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 33 of 62 PAGEID #: 43
Allstate
You're in good hands.
Page 9 of 29
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,
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 34 of 62 PAGEID #: 44
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,
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 35 of 62 PAGEID #: 45
Allstate
You're in good hands.
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
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 36 of 62 PAGEID #: 46
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
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 37 of 62 PAGEID #: 47
Allstate
You're in good hands.
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.
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 38 of 62 PAGEID #: 48
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.
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 39 of 62 PAGEID #: 49
Allstate
You're in good hands.
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.
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 40 of 62 PAGEID #: 50
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
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.
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 42 of 62 PAGEID #: 52
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
Allstate
You're in good hands.
Page 19 of 29
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 44 of 62 PAGEID #: 54
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
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
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 46 of 62 PAGEID #: 56
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
Allstate
You're in good hands.
Page 23 of 29
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
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 48 of 62 PAGEID #: 58
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
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
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 50 of 62 PAGEID #: 60
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
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.
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL
Case: 1:22-cv-00438 Doc #: 1-3 Filed: 07/28/22 Page: 52 of 62 PAGEID #: 62
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
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.
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
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
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
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
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
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:
0637058124 1LD
EXHIBIT C
TO ALLSTATE'S NOTICE OF REMOVAL