HomeMy WebLinkAbout13-1371 NOTICE OF APPEAL
)iinti 0-7 ;:timberland FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Nt)t!c( (li)E,I- tiat the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
JLdli- ui- 'he End ii the --ase referenced below.
MAG. DIST. N
- iU�ME. 6 PE 0. NAME OF MDJ
ERIE I NK3L1l1RA,N1'1*E, ET AL. IMDJ-09-1-0 NORABLE CHARLES A. CLEMENT, JR.
CITY STATE ZIP CODE
4901 DRIVE MECHANICSBURG PA 17055
DATE Of.LOGIVIEV ---,-
rqE CASE OF (Plaintif?) (Defendano'
03/0" 3 KEVIN ROGOWICZ V5 ERIE INSURANCE, AL.
SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
MJ-iX00 I -CV-0000430-2012 STEPHEN L. BANKO, JR., Attorney for A pp II I
Th, b:)c will be signed ONLY when this notation is required under Pa. if appellant was Claimant (see Pa. R.C. No. 1001(6) in action
R. C, z' ').J, No. 10086.
This Noiice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate 3s a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J No. 1001(7) in action before Magisterial District
Judge. IF NO T USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIFIE: To Prothonotary
Enter rule upon KEVI ROGOWICZ appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. — 7 Li within twenty (20) days after e iclofoe or suffer entry of judgment of non pros.
STEPHEN L. BANKO, JR.
supre 1 I. N 41727 attorney Sig of appellant or attoey or agent
K i - I IE EIJ
3510 T 1.41
KEVIN ROGOWICZ
RULE: To Camp Nifi, PA 17011
appelleel Tei*pho-: 1 (717)760 -7501
FAX: (717) 9754124
Name of appellee(s) E-Fnalk. sbankoftnargolisedelstain.co,
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not flilo a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Datci,l Signature of Prothono or Deputy
J
YOU MUST INCLUCIE A COPY OF THE NO I P- OFW60MENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
L
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND
Case
Mag. Dist. No: MDJ- 09 -1 -01
MDJ Name: Honorable Charles A. Clement Jr. Kevin Rogowicz
V.
Address: 920 Linda Lane Erie Insurance, Attn: Debbie Enck
Camp Hill, PA 17011
I Telephone: 717- 737 -3434
Stephen L. Banko Jr., Esq.
Margolis Edelstein Docket No: MJ- 09101 -CV- 0000430 -2012
3510 Trindle Rd Case Filed: 11/26/2012
Camp Hill, PA 17011
Disposition Summary
Dock 1�0�1-C 4 V- 0000430 -2012 P i�i cwicz Defenda Disoosition Disposition Date
R Erie Insurance, Attn: Debbie Judgment for Plaintiff 03/01/2013
Enck
Judgment Summary
Parti� c_cipant JointlSeveral Liability Individual Liability Arnoun
Erie Insurance, Attn: Debbie Enck $0.00 $12,153.30
$12,153.30
Kevin Rogowicz $0.00 $0
$0.00
Judgment Detail (*Post Judgment) -
In the matter of Kevin Rogowicz vs. Erie Insurance, Attn: Debbie Enck on 3/01/2013 the judgment was awarded as follows:
JudamentComoonent JolnVSeveral Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $12,000.00
$12,000.00
Costs $0.00
$153.30 $153.30
Grand Total: $12,153.30
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
b
MA 0 1 1013 a�o .
Date Magisterial District Judge Charles A. Clement Jr.
cert ify a is is a true and correct copy of e Re the procee ings containing tne lu gmen .
Date Magisterial District Judge
MDJS 315
Page 1of2 Printed: 03 /04/2013 t19:54PM
Kevin Rogowicz Docket No.: MJ- 09101 -CV- 0000430 -2012
v.
Erie Insurance, Attn: Debbie Enck
k Participant List
Private(s)
Stephen L. Banko Jr., Esq,
Margolis Edelstein
3510 Trindle Rd
Camp Hill, PA 17011
Plaintiff(s)
Kevin ,Rogowicz° _
190 Martel Circle
Dillsburg, PA 17019
Defendant(s)
Erie Insurance, Attn: Debbie Enck
4901 Louise Drive
Mechanicsburg, PA 17055
r
Y
I'
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MDJS 315 Page 2 of 2 Printed: 03/04/2013 1:19:54PM
s. .;
I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all
counsel of record by placing the same in the United States mail at Camp Hill,
Pennsylvania, first -class postage prepaid, on the day of
2013, and addressed as follows:
Mr. Kevin C. Rogowicz
190 Martel Circle
Dillsburg, PA 17019
(VIA CERTIFIED MAIL)
Honorable Charles A. Clement, Jr.
Magisterial District Judge
Magisterial District Court 09 -1 -01
920 Linda Lane
Camp Hill, PA 17011
(VIA CERTIFIED MAIL)
MARGOLIS EDELSTEIN
r
By:
Angel M. Gagman, Legal Assistant
2313 MAR 2 0 AN 10. 5 8
"'UM :Er LTD COUNTY
PENNSYLVANIA
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ;ss
AFFIDAVIT: I hereby(swear)(affirm)that I served
13-1371
a copy of the Notice of Appeal,Common Pleas No. ,upon the Magisterial District Judge designated therein on
(date of service)34Lg 201 3 ❑ bypersonal service by (registered)mail,
Kevin Rogowicz certified
sender's receipt attached hereto,and upon the appellee,(name) ,on
3/19—,20 13 ❑by personal senriceX by certified) istered)mail,
sender's receipt attached hereto.
(SW FIRM FORE ME
THIS AY
S VINZ71F before whom affidavit was made 4ro
COMMONWEALTH CF PENNSYLVANIA
NOTARIAL SEAL
SUZANNE l B ro, R, Notary Public
Camp Hill Boro, Cr C.�mberlanC County
My Commission Ex;ires August 20,2013
Tdwof onwal
My commission expires off'
tl M
o
m fn
tti r- I OFFICIAL
1�
in Postage $ . 160(p Ul Postage $
f1J Certified Fee 3. 10 t1J Certified Fee . O
Postmark Postmark
C3 (t;ExdorMnNM Roclui ed a.55 Hera o � �� �, 55 Hera Fee
C3 R tC3 (EndsrssmentteRgWred) r3 (Endorsement Required)
Pal 7bW Postage&Fees $ �' Total Postage&Fees $ (9-3 1
ru ru a Honorable Charles A.Clement,Jr.
r- Mr. Kevin C.R owicz r� Magisterial District Judge
C3 Aii2'13o., 190 Martel C9de - - G 9'
M1 crAOiwrAfa $tree�Apt 7Jo:c - Magisterial District Court 09-1-01
f�- orPO Sm Afo. 920 Linda Lana
t ----------- r 17 �ilis 34 i..
crpNt+frll,M#1011
COWMONWEALTH OF PENNSYLVANIA
('0.)RT 0' C OMMON P'-EAS NOTICE OF APPEAL
t"t 41 1ir+iiciarl Dis;trk:t County Of Cumberland FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. /3 -7 t tw,
NOTICE OF APPEAL
Notice is given that the rippetant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judcle on the date and in the case referenced below.
;errs OF,V41EU.W' MPA.Darr.ND. +++we of MW ERIE INSURANCE, ET AL. IMDJ-Ml-01 HONORABLE CHARLES A. CLEMENT, JR.
ADDFWSS Jf APf IAW C" STATE Z P CODE
4901 L.OUISE DRIVE MECHANICSBURG PA 17055
DATE Or JJDCiMUNT- 00 TIE CABS Of(F%WM1 o wl
03/011'13 KEVIN ROGOWICZ ERIE INSURANCE, ET A")
DOCKET N SIGMTURE OF APPEIIANT OR ATTORNEY OR Aw'rT r
MJ-09101-C'v'-0000430-2012 STEPHEN L.BANKO,JR..Attorney for Appella
This bl** will to signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.O.J.No. 10M.
This Note of Appeal, when received by the Magisterial District Judge, will be0bre a Magr`steriat Disbfet Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDERS to the judgment for possession in this casw within twenty
(20)days after 6Nng the NOTICE of APPEAL. -
&*W9 ofAvA W&yaD*Pb yk
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This serxion of hum to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7)in action before Magisterial District
Judge. 1�NOT USED,detach from copy of notice of appeal to be served upon appellee.
PRAECIIIIE: To Prothonotary
Enter rule upon KEVIN ROGOWICZ appetee(s),to Me a complaint in this appeal
Nom dappa+rsajaj..._....�a�,__
(Common Pleas No._�� -- f 3 71 C #N/,~� }within twenty(20)days after of or suffer entry of judgment of non pros.
STEPRtN L: BANKO, JR.
r •rrn tuner of appellant or attorney or agent
iiti TANIa
M i
RULE: To Crag Mr,KEVIN ROGOWICZ appelleeiT*P w Vin no-at
None or apparerr(sr s wMk
(1) You are noditd that a rule is hereby entered upon you to file a complaint in this appeal wiiMn twenty(20)days after the date of service
of this rule!upon you by personal Service or by cedilied or registered mail.
(2) ti you do not f ie a eor*>{ilair►,vAt.hin this tine,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date-Qt s 'of tids oh "ci seMce was by mail is the date of the mating.
Date: A a` 44—A--�
of a t3+A+,tY
YOU MIU3T INCLUDE A CCiPY C1F �E '6T OF'A�l `ENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
40K 312-#I3 f ••,, ,
.G,F ,
I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all
counsel of record by placing the same in the United States mail at Camp Hill,
Pennsylvania, first-class postage prepaid, on the M day of _-I tiaA .l
2013, and addressed as follows:
Mr. Kevin C. Rogowicz
190 Martel Circle
Dillsburg, PA 17019
(VIA CERTIFIED MAIL)
Honorable Charles A. Clement, Jr.
Magisterial District Judge
Magisterial District Court 09-1-01
920 Linda Lane
Camp Hill, PA 17011
(VIA CERTIFIED MAIL)
MARGOLIS EDELSTEIN
By: 0"'M, Q
Ange M. Gayman, egal Assistant
KEVIN ROGOWICZ AND VANESSA : IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs : CIVIL ACTION - LAW @,
_ Y�
vs.
r7 -► -l; 3 0
: No. 13-1371 I ._i'
ERIE INSURANCE PROPERTY AND : `.„)
CASUALTY COMPANY, a/k/a ERIE : = • .
INSURANCE GROUP a/k/a ERIE : ASSIGNED TO HONORABLE:
INSURANCE EXCHANGE,
Defendant : JURY TRIAL DEMANDED -- 12 JURO
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearances of Jesse L. Pleet, Esquire and the Law Offices of Jesse L.
Pleet, P.C., as attorney for the Plaintiffs, Kevin Rogowicz and Vanessa Rogowicz, in the above
case and designate No. 920 Penn Avenue, Wyomissing, Berks County, Pennsylvania 19610, as
the place where papers, process and notices may be served.
LAW OFFICES OF JESSE L. PLEET, P.C.
-sse . Pleet, Esquire
tt. ey I.D. #34783
Attorney for Plaintiffs
920 Penn Avenue
Wyomissing, PA 19610
Phone: (610) 373-8570
Dated: Ll -bl' 2- 0t3
KEVIN ROGOWICZ AND VANESSA : IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, : CUMBERLAND COUNTY, PENNSY.VIIA=.
Plaintiffs : CIVIL ACTION - LAW -
err._:
vs. •: cr,r— =,
: No. 13-1371 : G' " '
ERIE INSURANCE PROPERTY AND :
CASUALTY COMPANY, a/k/a ERIE :
INSURANCE GROUP, a/k/a ERIE : ASSIGNED TO HONORABLE:
y ry .
INSURANCE EXCHANGE,
Defendant : JURY TRIAL DEMANDED – 12 JURORS
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYERS' REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE NO. (717) 249-3166
KEVIN ROGOWICZ AND VANESSA : IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs : CIVIL ACTION - LAW
vs.
: No. 13-1371
ERIE INSURANCE PROPERTY AND :
CASUALTY COMPANY, a/k/a ERIE
INSURANCE GROUP, a/k/a ERIE : ASSIGNED TO HONORABLE:
INSURANCE EXCHANGE,
Defendant : JURY TRIAL DEMANDED— 12 JURORS
PLAINTIFFS' COMPLAINT
1. The amount in controversy set forth in this Complaint does not exceed the
jurisdictional amount and initially requires compulsory arbitration in the Court of Common Pleas
of Cumberland County, Pennsylvania. The Plaintiffs demand a trial by jury upon appeal from
any arbitration award.
The Parties
2. The Plaintiffs are Kevin Rogowicz and Vanessa Rogowicz ("Plaintiffs"), adult
individuals, citizens of the Commonwealth of Pennsylvania and United States of America
residing at 190 Martel Circle, Dillsburg, York County, Pennsylvania 17019.
3. The Defendant, Erie Insurance Property & Casualty Company a/k/a Erie Insurance
Group a/k/a Erie Insurance Exchange ("Erie") is a corporation or other legal entity registered to
sell insurance products in the Commonwealth of Pennsylvania with a principal place of business
located at 100 Erie Insurance Place, Erie, Pennsylvania 16501 and with a claims office located at
4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
Erie Insurance Coverage
4. On or about August 1, 2011 Plaintiffs were living in their own home at 190 Martel
Circle, Dillsburg, York County, Pennsylvania 17019.
5. Plaintiffs purchased their home with settlement upon home occurring on September
30, 2009 and having secured various inspections including a roof inspection that their roof
shingles were in good condition, worthy, functional, and undamaged.
6. Plaintiffs purchased an Ultracover HomeProtector Insurance Policy (the "Policy")
from Erie which was in full force and effect for all times they had owned this home. Attached as
Exhibit "A" is a copy of the Erie policy contract.
7. Attached as Exhibit"B" is a copy of the Policy Declarations confirming the
coverages and policy limits for coverage period September 30, 2010 to September 30, 2011
which includes the date of loss described herein.
8. On or about August 1, 2011 the geographic area which included the Rogowicz's
home located at 190 Martel Circle, Dillsburg, York County, Pennsylvania experienced severe
weather including hail with diameters approaching one inch and winds gusting over fifty miles
per hour.
9. The roof of the Rogowicz's home sustained extensive damage from the winds and
hail including but not limited to shingles, gutters, downspouts, and fascia.
Claim to Erie Insurance
10. Shortly after this weather event Mr. Rogowicz called his Erie insurance agent at
Strock Insurance Agency, 401 South 32d Street, Camp Hill, Cumberland County, Pennsylvania
17011 to apply for benefits for repairs which Mr. Rogowicz believed were covered by his Policy
with Erie.
11. Erie investigated Mr. Rogowicz's claim and determined that damage to the gutters,
fascia, and downspouts were covered, compensating Plaintiffs under the terms of their Policy on
or about March 13, 2012.
12. Erie, though, denied claims for damage to the roof shingles on the basis that there
was no physical damage to the roof shingles. Attached as Exhibit "C" is the Denial of Claim
letter addressed to Plaintiffs.
COUNT I
(Rogowicz v. Erie—Breach of Contract)
13. Plaintiffs incorporate paragraphs 1 through 12, inclusive, of this Complaint as if
textually set forth at length herein.
14. Erie claims adjuster, Debbie Enck, inspected the Rogowicz's roof on March 6, 2012
in the presence of the Rogowicz's roofer, Dirk Madison of Madison & Sons Construction, LLC.
15. Mr. Madison showed Debbie Enck the exterior roof damage from hail including the
damaged shingles.
16. Erie denied the claim for shingle damage over Plaintiffs' objection but agreed to
have shingle samples inspected by engineers to review whether shingle damage from hail was
evident.
17. Erie submitted three shingle samples to Erie's retained engineers at Haag
Engineering Company ("Haag") which determined by letter report May 8, 2012 there was no hail
damage; however, of the three samples submitted, Haag only tested one shingle, which Plaintiffs
disputed as improper, inadequate, and insufficient to sincerely address Plaintiffs' shingle roof
claim.
18. Plaintiffs paid to have their roof independently inspected by Inspection Center of
Mike Biechler, Inc., 2466 Roundtop Rd, Middletown, PA 17057, who rendered a report
September 10, 2012 and concluded that Plaintiffs' roof was extensively damaged and all shingles
needed to be replaced, said report being furnished to Erie representatives who fully rejected the
conclusions and continued to deny Plaintiffs' claims.
19. Plaintiffs purchased an insurance policy to insure their home which included
payment for loss to "Your dwelling at the residence premises shown on the Declarations.
Dwelling includes attached structures, and building equipment and fixtures servicing the
premises...Construction material at the residence premises for use in connection with your
dwelling" and that "We pay for direct physical loss to property insured under the Dwelling.
Other Structures and Personal Property Coverages, except as excluded or limited here." See
Erie Policy, Pages 6 and 7; Exhibit "A."
20. Mr. Rogowicz paid the entire premium when due and satisfied all conditions of the
insurance policy to have coverage.
21. Plaintiffs obtained two independent estimates to repair the damage to their roof
including shingles, gutters, downspouts, and fascia.
22. Attached as Exhibit "D" is the estimate for Premier Siding and Roofing of PA, LLC
dated June 27, 2012 for $12,630 of which the shingle component was $10,148.55.
23. Attached as Exhibit "E" is the estimate for Madison & Sons Construction, LLC
dated July 15, 2012 for all damage of which the shingles repair was valued at $9,432.50.
24. These estimates were verbally communicated by Mr. Rogowicz to Debbie Enck after
he received them; however, Ms. Enck repeated the denial of claim on behalf of Erie and did not
request to ever review the written estimates.
25. Erie is in breach of contract for failing to provide benefits and compensation to
Plaintiffs for hail damage to their roof.
WHEREFORE, the Plaintiffs, Kevin Rogowicz and Vanessa Rogowicz, request
judgment in their favor and against the Defendant, Erie Insurance Property & Casualty Company
a/k/a Erie Insurance Group a/k/a Erie Insurance Exchange, in the amount of$10,148.55 plus
interest, costs of suit, and such other amounts as allowed under law.
COUNT II
(Rogowicz v. Erie—Bad Faith)
26. Plaintiffs incorporate paragraphs 1 through 25, inclusive, of this Complaint as if
textually set forth at length herein.
27. Mr. Rogowicz gave timely and reasonable notice of the storm damage to Erie
representatives.
28. Mr. Rogowicz allowed Erie representatives to inspect his roof and communicated
reasonable proof of the loss with estimates for damage attached hereto as Exhibit "D" and"E."
29. Erie acted in bad faith toward Mr. Rogowicz based upon the following facts:
(a) Erie agreed to submit three shingle samples to Haag implying that all three
shingles would be examined and tested;
(b) Erie ordered testing of just one of these three shingles submitted to Haag
Engineering Company for testing rather than requiring that all three shingles be tested as
expected by Plaintiffs and agreed by Haag if allowed by Erie;
(c) Erie refused to provide consideration to Plaintiffs' independent inspection,
opinion, and report performed by Inspection Center of Michael Biechler, Inc. confirming
extensive hail storm damage to Plaintiffs' shingles
(d) Erie representative, Debbie Enck, told Mr. Dirk Madison during the roof
inspection on March 6, 2012 that the shingles were defective with "heat blisters" and therefore
defective with damage unrelated to the hail storm, yet Ms. Enck produced no evidence to support
Erie's opinion and basis for denial;
(e) As a precaution based upon Ms. Enck's representation to Plaintiffs of
material defects in their shingles, the Plaintiff, Kevin Rogowicz, contacted Owens Corning
Roofing and Asphalt, LLC, manufacturer of Plaintiffs' shingles, which investigated but advised
the Plaintiffs that there roof damage was caused by a"severe hail storm." A copy of
correspondence from Owens Corning to Plaintiffs dated November 8, 2012 is attached hereto as
Exhibit "F;"
(f) Erie had a similar hail damage claim in Plaintiffs' neighborhood for shingle
damage to the roof for its policyholder, Brian Simpson, who resides on Martel Circle in
Plaintiffs' same development, South Mountain Estates, which Erie honored and paid arising out
of the same storm giving rise to Plaintiffs' Rogowicz claims for hail damage;
(g) Plaintiffs Rogowicz believe, and therefore, aver, that Erie has also honored
additional hail damage claims to shingles in Plaintiffs' neighborhood but continuously denied the
Plaintiffs their benefits for the same damage arising from the same hail event;
(h) Around June 2012 Plaintiffs Rogowicz were directed by their Erie insurance
agent, David Martin at Strock Insurance Agency to call Erie's home office to the office of the
President of Claims to lodge a complaint why Plaintiffs were being denied;
(i) Kevin Rogowicz called Erie, but when the call was returned the Erie
representative, not the President of Erie, but someone familiar with Plaintiffs' claim number,
read a legal form letter over the telephone,refusing on four occasions to accept interruption for
questions, but maintaining that there was no damage to Plaintiffs' roof from hail or otherwise,
redenying the claim.
30. Plaintiffs believe, and therefore aver, that Erie, as an insurer, has acted in bad faith
toward them as insureds.
31. Erie did not have a reasonable basis for denying benefits under the policy.
32. Erie, as the insurer of Plaintiffs, knew of and recklessly disregarded its lack of
reasonable basis in repeatedly denying Plaintiffs' claims.
33. The bad faith conduct of Defendant Erie has caused unreasonable delay, cost and
frustration to the Plaintiffs.
34. Plaintiffs' request the court to take all of the following actions against Erie:
(a) award interest on the amount of the claim from the date of the claim in an
amount equal to prime rate of interest plus 3%;
(b) award punitive damages against Erie; and
(c) assess court costs and attorney's fees against Erie.
35. The above remedies are set forth in the Pennsylvania Judicial Code at 42 Pa. C.S.A.
Section 8371 entitled "Actions on Insurance Policies" as the appropriate statutory relief against
an insurer who has acted in bad faith toward their insured.
WHEREFORE, the Plaintiffs, Kevin Rogowicz and Vanessa Rogwicz, demand judgment
in their favor and against Erie for damages including, but not limited to, $10,148.55 for property
damage, an award of interest on the amount of claim, punitive damages, court costs, and
attorney's fees all pursuant to the Pennsylvania Judicial Code, 42 Pa. C.S.A. Section 8371, for an
amount that falls within the arbitration limits of the Court of Common Pleas of Cumberland
County exclusive of interest and costs.
LAW OFFICES OF JESSE L. PLEET, P.C.
l
Jes e L. Pleet, Esquire
-Attorney for Plaintiffs
920 Penn Avenue
Wyomissing, PA 19610
(610) 373-8570
Attorney I.D.# 34783
1
KEVIN ROGOWICZ AND VANESSA : IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs : CIVIL ACTION - LAW
vs. •
: No. 13-1371
ERIE INSURANCE PROPERTY AND
CASUALTY COMPANY, a/k/a ERIE •
INSURANCE GROUP, a/k/a ERIE : ASSIGNED TO HONORABLE:
INSURANCE EXCHANGE,
Defendant : JURY TRIAL DEMANDED — 12 JURORS
VERIFICATION
The undersigned, having read the attached Plaintiffs' Complaint, hereby verifies that the
attached Plaintiffs' Complaint is based on information furnished to counsel, which information
has been gathered by counsel in the course of this lawsuit. The language of the Plaintiffs'
Complaint is that of counsel and not of the undersigned. The undersigned verifies that they have
read the attached Plaintiffs' Complaint and that it is true and correct to the best of their
information and belief. To the extent that the contents of the Plaintiffs' Complaint are that of
counsel, the undersigned has relied upon counsel in making this Verification.
This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
,7
Date:
_ .d,0i3 ``�
_S
evir .Ro :"icz_ _.-
Vanessa Rogowicz /'
EXHIBIT A
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4, 1
WHERE TO LOOK IN YOUR POLICY
AGREEMENT 4 (L1) NON-OWNED RESIDENCES . . 11
ERIE INSURANCE EXCHANGE 4 (12) ORDINANCE OR LAW
COVERAGE 11
ERIE INSURANCE PROPERTY & (13) TEMPORARY REPAIRS AFTER
CASUALTY COMPANY 4 LOSS 11
DEFINITIONS 4 (14) TREES. SHRUBS, PLANTS AND
LAWNS 11
ADDITIONAL ERIE INSURANCE
EXCHANGE DEFINITIONS 5 DEDUCTIBLE I 1
ADDITIONAL ERIE INSURANCE RIGHTS AND DUTIES--CONDITIONS--
PROPERTY & CASUALTY COMPANY SECTION 1 11
DEFINITIONS 5
(I) ABANDONMENT OF PROPERTY . 11
WHEN SAND WHERE THIS POLICY APPLIES . 5
(2) APPRAISAL Il
PROPERTY PROTECTION --SECTION I . . 6 (3) AUTOMATIC ADJUSTMENT OF
DWELLING COVERAGE 6 COVERAGE AMOUNTS 12
OUR PROMISE 6 (4) ERIE OPTION 12
OTHER STRUCTURES COVERAGE . . . . 6 (5) GLASS REPLACEMENT 12
OUR PROMISE 6 (6) INCREASE OF HAZARD l2
PERSONAL PROPERTY COVERAGE . . . 6 (7) LOSS PAYMENT 12
OUR PROMISE 6 (8) LOSS SETTLEMENT 12
SPECIAL LIMITS -- PERSONAL (9) LOSS TO A PAIR OR SET 13
PROPERTY 7
LOSS OF USE COVERAGE 7 (10) MORTGAGE CLAUSE 13
OUR PROMISE . . . . . . . . . . . . . . 7 (I I) NO BENEFIT TO BAILEE 13
PERILS WE INSURE AGAINST 7 (12) OTHER INSURANCE 13
WHAT WE DO NOT COVER -- (13) PERMISSION GRANTED TO YOU 13
EXCLUSIONS 7
(14) RECOVERED PROPERTY 14
WHAT WE ALSO PAY 9
(15) SUIT AGAINST US 14
(1) AUTOMATIC GARAGE DOOR
OPENER 9 (16) WHAT TO DO WHEN A LOSS
HAPPENS 14
(2) COLLAPSE 9
(3) CREDIT CARD, CHARGE PLATE, HOME AND FAMILY LIABILITY
CHECK FORGERY AND PROTECTION --SECTION II 14
COUNTERFEIT MONEY
PROTECTION 10 BODILY INJURY LIABILITY COVERAGE 14
(4) DEBRIS REMOVAL AFTER LOSS 10 PROPERTY DAMAGE LIABILITY
(5) EMERGENCY REMOVAL OF COVERAGE 14
PROPERTY . . . . . . . . . . . 10 OUR PROMISE 14
(6) FIRE DEPARTMENT SERVICE PERSONAL INJURY LIABILITY
CHARGES 10 COVERAGE 14
(7) FIRE EXTINGUISHER RECHARGE 10 OUR PROMISE 14
(8) LOCK REPLACEMENT AFTER
LOSS 10 MEDICAL PAYMENTS TO OTHERS
COVERAGE 15
(9) LOSS ASSESSMENT 10
OUR PROMISE 15
(10) MECHANICAL SERVANT AND
ROBOT PROTECTION 11
WHAT WE DO NOT COVER -- RIGHTS AND DUTIES--GENERAL POLICY
EXCLUSIONS 15 CONDITIONS--SECTION I & II 18
WHAT WE ALSO PAY 16 (I) ACCOUNTING 18
(1 ) CLAIM EXPENSES 17 (2) ASSIGNMENT . . . 18
(2) DAMAGE TO PROPERTY OF (3) BANKRUPTCY OF ANYONE WE
OTHERS 17 PROTECT 18
(3) FIRST AID EXPENSES 17 (4) CANCELLATION 19
(4) LOSS ASSESSMENT - PERSONAL (5) CONCEALMENT. FRAUD OR
LIABILITY COVERAGE ONLY 17 MISREPRESENTATION 19
(6) CONTINUOUS POLICY . - . . 19
RIGHTS AND DUTIES--CONDITIONS-
SECTION 11 17 (7) COOPERATION 19
(1) DUTIES OF AN INJURED PERSON (8) HOW YOUR POLICY MAY BE
- MEDICAL PAYMENTS TO OTHERS CHANGED 19
COVERAGE 17 (9) OUR RIGHT TO RECOVER FROM
(2) LIMITS OF PROTECTION . . . . 17 OTHERS 19
(3) OTHER INSURANCE - PERSONAL (10) PRIORITY 19
LIABILITY COVERAGE 18 (11) SURVIVORS' COVERAGE 20
(4) SUIT AGAINST US 18 (12) TIME OF INCEPTION 20
(5) WHAT TO DO WHEN AN
OCCURRENCE. OFFENSE. CLAIM OR
SUIT HAPPENS 18
3
ERIE INSURANCE GROUP is proud to present this Ultracover HomeProtector Policy. This important contract
between YOU and The ERIE consists of this policy with coverage agreements, limitations. exclusions and conditions, a
Declarations, plus any endorsements. It is written in plain, simple terms so it can be easily understood. We urge YOU
to read this policy.
This policy contains many XTRA PROTECTION FEATURES developed by The ERIE. Wherever an "X" appears
in the margin of this policy, YOU receive XTRA PROTECTION, either as additional coverage or as a coverage not
found in most homeowners policies.
The protection given by this policy is in keeping with the single purpose of our Founders: "To provide YOU with as
near PERFECT PROTECTION, as near PERFECT SERVICE, as is humanly possible, and to do so at the
LOWEST POSSIBLE COST."
AGREEMENT
ERIE INSURANCE EXCHANGE This agreement is made in reliance on the information
you have given us, and is subject to all the terms of this
In return for your timely premium payment, your corn- policy.
pliance with all of the provisions of this policy, and your
signing of a Subscriber's Agreement with Erie Indemnity This policy, all endorsements to it, and the Subscriber's
Company and other Subscribers, we agree to provide the Agreement constitute the entire agreement between you
coverages you have purchased. Your coverages and and us.
amounts of insurance are shown on the Declarations,
which are part of this policy. ERIE INSURANCE PROPERTY & CASUALTY
Your signing the Subscriber's Agreement, which includes COMPANY
a Iiinited power-of-attorney, permits Erie Indemnity
Company, as Attorney-in-Fact, to make reciprocal insur- In return for your timely premium payment and your
ance contracts between you and other Subscribers and compliance with all of the provisions of this policy, we
otherwise manage the business of the Erie Insurance agree to provide the coverages you have purchased.
Exchange. This power-of-attorney applies only to your Your coverages and amounts of insurance are shown on
insurance business at the Exchange and is limited to the the Declarations, which are part of this policy.
purposes described in the Subscriber's Agreement.
This agreement is made in reliance on the information
Your responsibility as a Subscriber is determined by this you have given us, and is subject to all the terms of this
policy and the Subscriber's Agreement. This policy is policy.
not assessable. You are not liable for the losses of other
Subscribers. This policy and all endorsements to it constitute the
entire agreement between you and us.
DEFINITIONS
Throughout your policy and its endorsements the fol- ness use, or without permission of the owner is
lowing words have a special meaning when they appear not anyone we protect.
in bold type: "bodily injury " means physical harm, sickness or
•• "aircraft" means any machine or device capable of disease, including mental anguish or resulting death, X
atmospheric flight except model airplanes. but does not include:
• "anyone we protect " means you and the following 1. any communicable disease or condition trans-
residents of your household: mitted by anyone we protect to any other person
X 1. relatives and wards; through a parasite, virus, bacteria or any other
organism.
X 2. other persons in the care of anyone we protect. 2, the exposure to or transmission of any disease.
Under Horne and Family Liability Protection, anyone parasite, virus, bacteria or other organism by
we protect also means: anyone we protect to any other person.
3. any person or organization legally responsible for • "business" means any full-time, part-time or occa-
animals or watercraft which are owned by you,. sional activity engaged in as a trade, profession or
or any person included in 1. or 2., and covered occupation, including farming.
by this policy. Any person or organization using „
•or having custody of these animals or watercraft Declarations means the form which shows your
in the course of any business, or without permis coverages, amounts of insurance, premium charges
sion of the owner is not anyone we protect; and other information. This form is part of your
policy. Declarations include forms titled Amended
4. any person with respect to any vehicle covered Declarations, Renewal Declarations, Revised Decla-
by this policy. Any person using or having rations, Reinstatement of Coverage, Duplicate Dec-
custody of this vehicle in the course of any busi- larations. New Declarations or Continuation Notice.
4
• "insured location" means: the maintenance or use of the residence premises.
I. the residence premises: including similar duties elsewhere, not in connection
with the business of anyone we protect.
?. the part of any other premises, other structures, • "residence premises" means the dwelling where you
and grounds acquired by you during the policy reside, including the structures and grounds, or that
period which you intend to use as a residence part of any other building where you reside and
premises: which is shown as residence premises on the Decla-
3. any premises used by anyone we protect in con- rations.
nection with premises included in 1. or 2.; • "resident" means a person who physically lives with
4. any part of a non-owned premises: you in your household. Your unmarried,
a. where anyone we protect is temporarily unemancipated children under age 24 attending
residing: or school full-time and living away from home will be
considered residents of your household.
b. occasionally rented to anyone we protect for
non-business purposes;
5. vacant land, other than farmland, owned by or ADDITIONAL ERIE INSURANCE EXCHANGE
rented to anyone we protect; DEFINITIONS
6. land owned by or rented to anyone we protect The following words have special meaning in policies
on which a one or two family residence is being issued by Erie Insurance Exchange when they appear in
built for occupancy by anyone we protect; bold type:
7_ cemetery plots or burial vaults of anyone we • "Subscriber" means the persons) who signed the
protect. Subscriber's Agreement.
• 'medical expense" means reasonable charges for nec- • "Subscriber's Agreement" means an agreement,
essary medical, surgical, x-ray and dental services, including a limited power-of-attorney, among the
X including prosthetic devices, eyeglasses, contacts, Subscribers and the Erie Indemnity Company, as
hearing aids and pharmaceuticals; and also includes Attorney-in-Fact.
X ambulance, hospital. licensed nursing and funeral
services. • "We", "us" or "our" means the Subscribers at Erie
Insurance Exchange as represented by their common
• "occurrence" means an accident, including contin- Attorney-in-Fact. Erie Indemnity Company.
uous or repeated exposure to the same general
harmful conditions. • "You", "your" or "Named Insured " means the Sub-
scribers and others named on the Declarations under
X • "personal injury" means injury arising out of: Named Insured. Except in the GENERAL
1. libel. slander or defamation of character; POLICY CONDITIONS Section. these words
include the spouse of the Subscriber if a resident of
2. false arrest, wrongful detention or imprisonment, the same household.
malicious prosecution, racial or religious discrim-
ination. wrongful entry or eviction, invasion of
privacy, or humiliation caused by any of these. ADDITIONAL ERIE INSURANCE PROPERTY &
• "property damage" means: CASUALTY COMPANY DEFINITIONS
I. physical injury to or destruction of tangible
including loss of its use. All such loss The following words have special meaning in policies
property, b issued by Erie Insurance Property & Casualty Company
of use shall he deemed to occur at the time of when they appear in bold type:
the physical injury that caused it;
2. loss of use of tangible property which is not • We "us" or our means the Erie Insurance Prop-
physically injured or destroyed. All such loss of erty & Casualty Company.
use shall he deemed to occur at the time of the • "You", "your" or "Named Insured " means the
occurrence. persons) named on the Declarations under Named
• "residence employee" means an employee of anyone Insured. Except in the GENERAL POLICY CON-
we protect who performs duties in connection with DITIONS Section, these words include your spouse
if a resident of the same household.
WHEN AND WHERE THIS POLICY APPLIES
This policy applies to losses that occur during the policy and at the locations) insured under this policy. In addi-
period. The policy period is shown on the Declarations. tion, personal property is covered while located any-
Unless otherwise specified on the Declarations, the where in the world.
policy period begins and ends at 12:01 A.M., Standard
Time at the stated address of the Named Insured. Home and Family Liability Protection -- Section II. This
policy applies to bodily injury, property damage and per-
Property Protection -- Section I. This policy applies sonal injury losses occurring anywhere in the world.
to property losses as designated in the specific coverage
PROPERTY PROTECTION -- SECTION I
DWELLING COVERAGE b. residence employees away from the residence X
premises while actually engaged in the service of
anyone we protect.
OUR PROMISE 4. At your option. building additions, alterations. fix- X
tures, improvements or installations made, or
We will pay for loss to: acquired at your expense. by you to residences occu-
1. Your dwelling at the residence premises shown on pied by, but not owned by you, for an amount not
the Declarations. Dwelling includes attached struc exceeding 10% of the amount of insurance under
tures, and building equipment and fixtures servicing this coverage. Payment will not increase the appli
the premises. cable amount of insurance under this policy.
2. Construction material at the residence premises for 5. Cemetery property. including monuments,
headstones, gravemarkers, and urns.
use in connection with your dwelling.
6. Animals, birds and fish. but only while on the resi- X
This coverage does not apply to land and water, dence premises, for the following perils to the extent
including natural water. above or below the surface of covered under Perils We Insure Against: fire or light-
the ground. ping, windstorm or hail. explosion, sonic boom, riot
or civil commotion, aircraft, vehicles, smoke and
vandalism or malicious mischief.
OTHER STRUCTURES COVERAGE 7. Electronic apparatus and equipment: X
a. while in or upon a motor vehicle or other
motorized land conveyance; and
OUR PROMISE b. if the electronic apparatus is equipped to he
operated by power from the electrical system of
We will pay for loss to: the vehicle or conveyance while retaining its
1. Other structures at the residence premises separated capability of being operated by other sources of
from the dwelling, including garages, fences, shelters, power.
tool sheds or carports. Electronic apparatus includes cellular phones, fax
Structures connected to the dwelling by only a fence, machines. radios, tape and disc players, and similar
utility line, or similar connection are considered to equipment or devices for the recording, reproduction,
be other structures. receiving, or transmitting of sound or pictures. Elec-
2. Construction material at the residence premises for tropic apparatus also includes accessories used in
use in connection with your other structures. conjunction with such apparatus, including antennas,
tapes, wires, records, discs or other media.
We do not pay for loss to structures: When there is loss of tapes, compact discs or similar
I. used in whole or in part for business purposes media by theft from a motor vehicle or other motor
(except rental or holding for rental of structures used 1zed land conveyance, we will pay up to $150 for the
For private garage purposes); or tapes, compact discs or similar media.
2. used to store business property. However, if the
business property is solely owned by anyone we We do not pay for loss to:
protect, we do provide coverage for the structure. 1. Land motor vehicles and parts.
The business property may not include gaseous or a. We do cover vehicles not subject to motor
liquid fuel, unless the fuel is in a fuel tank that is vehicle registration which are:
permanently installed in a vehicle or craft which is 1) Designed to assist the handicapped; or
parked or stored in the structure. 2) Used solely to service the residence premises.
2. Aircraft and parts.
This coverage does not apply to land and water, 3. Electronic apparatus and equipment which is solely
including natural water, above or below the surface of powered from the electrical system of motor vehicles
the =round. or any other motorized land conveyances.
4. Property rented or held for rental to others away
from the residence premises.
PERSONAL PROPERTY COVERAGE 5. Property of roomers, boarders or tenants not related
to anyone we protect.
OUR PROMISE 6. Any of the following:
a. Books of account, drawings, or other paper
We will pay for loss to: records containing business data;
b. Electronic data processing tapes. wires, records,
1. Personal property owned or used by anyone we discs, or other software media containing busi-
protect anywhere in the world. ness data. This includes business data stored in
2. At your option, personal property owned by others computers and related equipment.
while the property is on your residence premises.
3. At your option, personal property of: However, we do cover the cost of unexposed or
a. guests and residence employees while the prop- blank records or media.
erty is in a residence occupied by anyone we Radar detectors.
protect: 8. Property specifically insured by this or any other
insurance.
6
9. Except as provided under Special Limits -- Personal /QC/ of •Personal property usually situated at
Property, property pertaining to a business conducted Personal any residence owned or occupied by
away from the residence premises unless at the time Property anyone we protect other than a resi-
of loss such property is on the residence premises . Coverage dence premises . Personal property in a
However, we do not cover such property on the resi- (But not less newly-acquired principal residence is
dence premises while it is stored, held as samples, or than $2000) not subject to this limitation for the 30 X
held for sale or delivery after sale. days immediately after you begin to
10. Land and water, including natural water, above or move property there.
below the surface of the ground.
LOSS OF USE COVERAGE
SPECIAL LIMITS -- PERSONAL PROPERTY
Limitations apply to the following personal property. OUR PROMISE
These limits do not increase the amount of insurance if an insured property loss makes your residence premises
under Personal Property Coverage:
uninhabitable, we will pay all reasonable additional living
Total Amount Description of Personal expenses while you and members of your household
of Insurance In Property Subject to reside elsewhere.
Any One Loss Limitations
$500 •animals, birds and fish Payment shall he for the shortest time required to repair
or replace the premises or, if you choose, for you to per-
X $500 •Money, travelers checks, stored value manently relocate.
cards, bank notes, bullion, numismatic
property, gold other than goldware or These payments will not exceed a 12 month period.
gold-plated ware, silver other than
silverware or silver-plated ware, and We will also pay for your loss of normal rents resulting
platinum other than platinumware from the loss, less charges and expenses which do not
$1001) •Theft, misplacing or losing of trading continue while the rented part of the residence premises
cards, including sports cards is uninhabitable. We will pay this loss of normal rents
only until the rented part is habitable.
X $2000 •Accounts, hills, deeds, evidences of
debt, letters of credit, notes other than If a loss from a peril covered under Perils We Insure
bank notes, passports, securities, Against occurs at a neighboring premises, we will pay
tickets, stamps and philatelic property additional living expenses and loss of normal rents for up
X $2000 *Trailers and campers not otherwise to two weeks should civil authorities prohibit you from
insured, whether licensed or not occupying your premises.
X $2000 •Watercraft, including their trailers, These periods of time are not limited by the expiration
whether licensed or not, furnishings, of this policy.
equipment and outboard motors
X $2000 •Manuscripts No deductible applies to this coverage.
$2500 •Property pertaining to a business We will not pay for loss or expense due to the cancella-
actually conducted on the residence tion of any lease or agreement.
premises, including property in
storage, held as samples, or held for This coverage also applies to a loss at a covered sec-
sale or delivery after sale ondary location.
$500 •Business property away from the res-
idence premises, regardless of whether PERILS WE INSURE AGAINST
the business is conducted on or away
from the residence premises
We pay for direct physical loss to property insured under
X $3000 •Theft, misplacing or losing of guns the Dwelling, Other Structures and Personal Property
and related equipment. Coverages, except as excluded or limited herein.
X $3000 •Theft, misplacing or losing of
jewelry, watches, furs, precious and WHAT WE DO NOT COVER -- EXCLUSIONS
semi-precious stones
X $3000 •Theft, misplacing or losing of Under the Dwelling, Other Structures and Personal Prop-
silverware, silver-plated ware, erty Coverages:
goldware, gold-plated ware and
pewterware We do not pay for loss resulting directly or indirectly
from any of the following, even if other events or hap-
penings contributed concurrently, or in sequence, to the
loss:
I. by collapse, other than as provided in What We Also
Pay. (2) Collapse.
7
2. caused by freezing by temperature reduction of a waves, or tremors before, during. or after a volcanic
plumbing, heating. air conditioning, gutters and drain eruption, mine subsidence, sinkhole, landslide,
spouts. or fire protective system, or of a household mudslide, mud flow, earth sinking, rising, or shifting.
appliance, or by discharge, leakage or overflow from Direct loss by fire., explosion, sonic boom, theft or
within the system or appliance caused by freezing, breakage of glass resulting from earth movement,
while the dwelling is vacant, unoccupied or being mine subsidence, sinkhole, landslide, mudslide, mud
constructed. flow, earth sinking, rising or shifting is covered.
There is coverage if you have used reasonable care 9, by water damage. meaning:
to:
a. flood, surface water, waves, tides. tidal water or
a. maintain heat in the buildin or overflow of a body of water. We do not cover
g' spray from any of these, whether or not driven
b. shut off the water supply and drain the system by wind;
or appliances of water. b. water or sewage which backs u p through sewers
3. by freezing, thawing, pressure or weight of water or
ice. whether driven by wind or not, to a fence, pave- or drains or water which enters into and over-
flows from within a sump pump, sump pump
meat, patio. deck, swimming pool, foundation, well or any other system designed to remove
retaining wall, bulkhead, pier, wharf or dock. subsurface water which is drained from the foun-
4. caused by constant or repeated seepage or leakage of dation area' or
water or steam over a period of weeks, months or c. water below the surface of the ground. This
years from within a plumbing, heating, air condi-
tioning. or fire protective system, or a household includes water which exerts pressure on or
appliance. flows, seeps or leaks through any part of a
building or other structure, including sidewalks,
However, there is coverage if the loss is sudden and driveways, foundations. pavements, patios,
accidental. swimming pools or decks.
5. caused by: We do pay for direct loss that follows, caused by fire,
a. termites, vermin, insects, rodents, birds (except explosion, sonic boom or theft.
glass breakage), skunks, raccoons, spiders or 10 by power interruption if the interruption takes place
reptiles; away from the residence premises. However, we will
b. mechanical breakdown, deterioration, wear and pay for loss to the contents of refrigerator or freezer X
tear, marring, inherent vice, latent defect, tree units on the residence premises. from either power or
roots, rust, smog; wet or dry rot, mold, fungus mechanical failure (other than contents used for busi-
or spores:, ness purposes). If a loss from a peril covered under
c. the discharge, disposal, release or escape of any Perils We Insure Against happens on the residence
solid, liquid, gaseous or thermal irritant, premises as a result of a power interruption off prem- X
pollutant or contaminant, including smoke, ises we will cover only loss caused by that peril. We
vapors, soot, fumes, acids, alkalis, chemicals and
will pay for loss caused by a power interruption
,waste. Waste includes materials to be recycled, occurring on the residence premises.
reconditioned or reclaimed; 11. by war, whether declared or undeclared, discharge of
d. smoke, unless the loss is sudden and accidental. a nuclear weapon (even if accidental), hostile or
Smoke from agricultural smudging or industrial warlike action in time of peace or war, insurrection,
operations is not covered even if the loss is rebellion, revolution, civil war, usurped power,
sudden and accidental; including action taken by governmental authority in
e. bulging, cracking. expansion, settling or defending against such an occurrence.
shrinking in ceilings, foundations, floors, patios,
deck,, pavements, roofs or walls. 12. by nuclear action or radiation or radioactive contam-
ination, however caused. Nuclear action includes
if a. through e. cause water damage not otherwise nuclear reaction, discharge. radiation or radioactive
excluded. from a plumbing, heating, air conditioning, contamination, whether manmade or occurring
or fire protective system, household appliance, naturally.
X waterbed or aquarium, we cover loss caused by the Loss caused by nuclear action is not considered loss
water. Coverage includes the cost of tearing out and by fire, explosion, sonic boom or smoke.
replacing any part of a building necessary to repair
the system or appliance. This does not include loss If loss by fire results, we will pay for that resulting
to the defective system or appliance (other than a loss.
waterbed or aquarium) from which the water 13. by radon gas contamination.
escaped. 14. by the enforcement of any ordinance or law regu-
6. caused by animals or birds kept by anyone we lating the construction, repair or demolition of a
protect or kept by a residence employee of anyone we building or other structure, unless specifically pro-
protect. vided under this policy. We do cover loss caused by
7. by theft of property from within a dwelling under actions of civil authorities to prevent the spread of a
construction unless that property has become a part fire caused by a peril covered under Perils We Insure
of the building. or of materials and supplies for use Against.
in the construction until the dwelling is completed 15. by neglect of anyone we protect to use all reasonable
and occupied. means to protect covered property at and after the
tinder items L
through 7. any ensuing loss not time of loss or when property is threatened by a peril
excluded is covered. covered under Perils We Insure Against.
16. by intentional loss, meaning any loss arising from an
8. by earth movement, due to natural or manmade
events. meaning earthquake, including land shock act committed by or at the direction of anyone we
protect with the intent to cause a loss.
8
•
17. by acts or decisions, including the failure to act or 5. by seizure, destruction or confiscation by order of
decide, of any person, group, organization, or gov- any government or public authority.
ernmental body. 6. by theft while at another dwelling or adjacent struc- X
18. by the destruction, confiscation or seizure of prop- tures owned by, rented to, or occupied by anyone we
erty by order of any governmental or civil authority. protect unless anyone we protect is temporarily
We do cover loss caused by actions of governmental residing there.
or civil authorities to prevent the spread of a fire Property of a student we protect is covered while at X
caused by a peril covered under Perils We Insure a residence away from home. This coverage is not
Against. subject to the 10% of Personal Property Coverage
Iy. by the inability to correctly process, recognize, dis- limit under Special Limits Personal Property.
tinguish, interpret or accept any date or time for loss
or damage to electronic data processing equipment, Theft losses must be promptly reported to us and to
computer networks, computer hardware (including the police.
microprocessors either as part of a computer system
or operating outside of a system), computer pro-
grams, software. media or data. WHAT WE ALSO PAY
We will not pay for:
a. any repair, restoration, replacement or modifica- (1) AUTOMATIC GARAGE DOOR OPENER
tion to correct any deficiencies or change any
features or functions; or We will pay up to $500 for loss to personal property, X
b. loss or damage. regardless of when the electronic including the garage door, at the residence premises
data processing equipment, computer hardware, resulting from the use or malfunction of an automatic
computer programs, software, media or data garage door opener_
were purchased, obtained or installed.
Under the Dwelling Coverage and Other Structures Cov- (2) COLLAPSE
erage:
We will pay for direct physical loss to insured property
We do not pay for loss: involving collapse of a building or any part of a building.
Collapse means the sudden caving in or falling down of a
1. by weather conditions if any peril excluded by this building or part of a building. Collapse of a building, or
policy contributes to the loss in any way. part of a building must result in the inability of that
2_ caused by, resulting from, contributed to or aggra- property to be used for its current intended purpose.
gated by faulty or inadequate
a. planning, zoning, development; Collapse does not include:
b. design, development of specifications, workman-
ship. construction; 1. a building or part of a building that is in danger of
c. materials used in construction; or collapsing;
d. maintenance; 2. a building or part of a building that is standing even
if it shows evidence of cracking, bulging, sagging,
of property whether on or off the residence premises bending, leaning, settling, shrinkage, expansion; or
by any person. group, organization, or governmental 3. part of a building still standing but is no longer
body. attached to another part of the building.
Under the Personal Property Coverage: Loss to insured property involving collapse of a building
or any part of a building must be caused only by one or
We do not pay for loss: more of the following:
1. caused solely by breakage of eyeglasses, glassware. 1. fire or lightning, windstorm or hail, explosion, sonic
statuary. marble, bronzes, bric-a-brac, porcelains, boom, riot or civil commotion, aircraft, vehicles.
jewelry, watches, cameras, photographic lenses and vandalism or malicious mischief, breakage of glass,
similar fragile articles. There is coverage for breakage falling objects, or weight of ice, snow or sleet:
of the property by or resulting from fire, lightning, 2. hidden decay, or hidden insect or vermin damage not
windstorm, hail, explosion, sonic boom, riot or civil known to anyone we protect prior to the collapse;
commotion, aircraft, vehicles, smoke (unless caused 3. weight of people, animals, contents or equipment;
by agricultural smudging or industrial operations), 4. weight of rain which collects on a roof;
vandalism or malicious mischief, theft including 5. use of defective materials or methods in con-
attempted theft, water unless otherwise excluded, and struction, remodeling, or renovation if the collapse
sudden and accidental tearing apart, cracking, occurs during the course of the construction, remod-
burning or bulging of a steam, hot water or air con- cling or renovation.
ditioning system.
2. by dampness of atmosphere or extremes of temper- We will not be liable for loss under 2., 3.. 4. or 5. above
attire unless the loss is directly caused by rain, snow, to the following property unless the loss is a direct result
sleet or hail. of the collapse of a building or any part of a building:
3. by damage to property (other than jewelry, watches
and furs) being refinished, renovated or repaired. Cloth awning, fences, pavements. patios, swimming X
1, by collision (other than collision with a land pools, decks, underground pipes, flues, drains,
vehicle), sinking, swamping or stranding of watercraft cesspools, septic tanks. foundations, retaining walls,
including their trailers, furnishings, equipment and bulkheads. piers. wharves or docks.
outhoard motors.
9
Payment will not increase the amount of insurance We will also pay up to $1000 per occurrence with a limit
applying to the loss. of $500 per tree for the removal of fallen trees on the res-
idence premises if loss is caused by windstorm, hail or
(3) CREDIT CARD, CHARGE PLATE, CHECK FORGERY weight of ice. snow or sleet even when covered property
AND COUNTERFEIT MONEY PROTECTION is not damaged.
X We will pay up to $2500 for the legal obligation of (5) EMERGENCY REMOVAL OF PROPERTY
anyone we protect to pay because of theft, forgery or
unauthorized use of any credit or fund transfer card, We will pay for property damaged in any way while
charge plate. check or negotiable instrument issued to or removed from your residence premises because of danger
registered in the name of anyone we protect.We will also from an insured peril. Coverage is limited to a 30-day
pay for loss each time anyone we protect unknowingly period from date of removal. Payment will not increase
accepts counterfeit money. the amount of insurance applying to the loss.
No deductible applies to this coverage. We require evi (6) FIRE DEPARTMENT SERVICE CHARGES
deuce of loss.
We will not pay for: We will pay all reasonable fire department service X
charges to save or protect insured property. Payment is
I. loss arising from any business; in addition to the amount of insurance applying to the
2. loss arising from anyone we protect. loss.
When loss is discovered, anyone we protect must give us No deductible applies to this coverage.
immediate notice. If the loss involves a credit or fund
transfer card or charge plate, anyone we protect must (7) FIRE EXTINGUISHER RECHARGE
also give immediate notice to the issuer of the card or
plate. Failure to comply with the terms and conditions We will pay expenses incurred to recharge portable fire X
of the card or plate voids this protection. extinguishers after they are used to fight a fire.
X If a loss occurring during the policy period is discovered No deductible applies to this coverage.
within a year after the policy has been cancelled, we will
pay for the loss. If a prior loss is discovered during the
policy period and no other insurance applies, we will pay (8) LOCK REPLACEMENT AFTER LOSS
for the loss. We have the right to investigate and settle
any claim or suit before making payment. Full payment At your request, we will pay up to $250 to replace keys X
of the amount of insurance ends our obligation under and locks to the exterior doors of the residence premises,
each claim or suit. as well as keys and locks to your other property (autos,
boats, etc.), if the keys are stolen during a theft loss. This
Repeated losses caused by or involving one person are to coverage does not apply to keys and locks pertaining to
he considered one loss. business property.
If a claim is made or suit is brought against anyone we We will pay for replacement of automatic garage door X
protect for liability under the Credit Card or Charge transmitters when a transmitter has been stolen. Coy-
Plate Protection, we will provide a defense. The defense erage is also provided for the cost to reprogram the Ire-
will be at our expense, with a lawyer we choose. quency on additional transmitters and/or the control unit
box.
We have the option under the Check Forgery Protection
to defend at our expense anyone we protect or their bank No deductible applies to this coverage.
against a suit for the enforcement of payment.
(9) LOSS ASSESSMENT
(4) DEBRIS REMOVAL AFTER LOSS
(Applicable to Section I and Section II - Personal
We will pay the expense for removal of: Liability Coverage Only)
1. debris of covered property following loss under Perils
We Insure Against: We will reimburse you for an assessment charged against
2. ash, dust or particles from volcanic eruption that has You as owner or tenant of the residence premises by an
caused direct loss to a building or property within a association or corporation of property owners, minus
building: or any other valid and collectible insurance available to the
fallen trees which cause damage to covered property, association or corporation covering the same assessment.
3. provided coverage is not afforded elsewhere by this Under Property Protection - Section 1, the assessment
policy must result from a direct loss to property, owned by all
the property owners collectively, caused by any of the
If the amount of insurance applying o to the loss is Perils We Insure Against. Under Section II - Personal
pp y Liability Coverage Only, the assessment must result from
exhausted, we will pay up to an additional 5% of the an occurrence covered under this policy.
amount of insurance applying to the damaged property
for removal of debris. Unless otherwise shown on the Declarations,our X
amount of insurance for this protection is $5000 per
assessment.
10
If you are assessed for a covered water loss, we will pay Ordinance or Law Coverage does not include coverage
your share of the cost of tearing out and replacing any for:
part of an insured location necessary to repair the system i loss in value to any covered building due to the
or appliance.
requirements of any ordinance or law; or
2. the cost to comply with any ordinance or law
The policy deductible applies to each dwelling under requiring the testing, monitoring, cleaning up,
Property Protection Section I only. removing, containing, treating, detoxifying, neutral-
We will not pay if the loss is caused by earthquake or izing, responding to or assessing the effects of any
land shock waves or tremors which occur before, during solid, liquid, gaseous or thermal irritant, pollutant or
or after a volcanic eruption.
contaminant in or on any covered building.
We also will not pay for any loss assessments charged by (13) TEMPORARY REPAIRS AFTER LOSS
a governmental body.
We will pay for reasonable and necessary expenses for
(10) MECHANICAL SERVANT AND ROBOT temporary repairs to protect covered property from
PROTECTION further damage after loss by a peril covered under Perils
We Insure Against. Payment will not increase the
X We will pay up to $500 for loss to personal property at amount of insurance applying to the loss.
the residence premises caused by malfunction of a
mechanical servant or robot. (14) TREES, SHRUBS, PLANTS AND LAWNS
(11) NON-OWNED RESIDENCES We will pay up to an additional 5% of the amount of
insurance under Dwelling Coverage for loss to trees,
X We will pay up to 51000 for loss by theft and vandalism shrubs, plants and lawns at the residence premises.
or malicious mischief to residences occupied by, but not Coverage applies only to loss caused by the following
owned by anyone we protect. perils covered under Perils We Insure Against: fire or
lightning, explosion. sonic boom, riot or civil
(12) ORDINANCE OR LAW COVERAGE commotion, aircraft, vehicles, smoke, vandalism or mali- X
cious mischief and theft.
If a loss by a Peril We Insure Against occurs to covered
property. or the building containing the covered prop- We will not pay for:
erty, we will pay for the increased costs incurred due to 1, more than $500 on any one tree, shrub or plant;
the enforcement of any ordinance or law that is in force 2, damage to lawns by vehicles owned or operated by a
at the time of the loss up to 10% of the amount of resident of the residence premises;
insurance under Dwelling Coverage or $5000, whichever 3, trees, shrubs, plants or lawns grown for business pur-
is greater.
poses.
Yon may use this coverage for:
1. the construction, demolition, renovation or repair of DEDUCTIBLE
the portion of the building damaged by a Peril We
Insure Against; or We will pay for loss minus the deductible shown on the
2. the demolition and reconstruction of the undamaged Declarations. Unless otherwise provided in an endorse-
portion of the building if the entire building must be ment, in the event of total loss to the Dwelling from a X
demolished because of damage by a Peril We Insure covered peril, the deductible will not apply.
Against; or
3. the removal or replacement of the undamaged The deductible does not apply to:
portion of the building because of the repair or 1. Loss of Use Coverage
replacement of the portion of the building damaged Credit Card, Charge Plate. Check Forgery and
by a Peril We Insure Against; or Counterfeit Money Protection
4. the removal of debris resulting from the con- 3. Fire Department Service Charges
struction. demolition, renovation, repair or replace- 4. Fire Extinguisher Recharge
meat of 1., ?. or 3. 5. Lock Replacement After Loss.
RIGHTS AND DUTIES -- CONDITIONS -- SECTION I
(1) ABANDONMENT OF PROPERTY (2) APPRAISAL
We are not required to accept abandoned property. If you and we fail to agree on the amount of loss, on the
written demand of either, each party will choose a com-
petent appraiser and notify the other of the appraiser's
identity within 20 days after the demand is received. The
appraisers will select a competent and impartial umpire.
If the appraisers are unable to agree upon an umpire
within 15 days after both appraisers have been identified,
11
you or we can ask a judge of a court of record in the (5) GLASS REPLACEMENT
state where your residence premises is located to select an
umpire. Loss to glass caused by a peril covered under Perils We
Insure Against will he settled on the basis of replacement
The appraisers shall then set the amount of loss. If the with safety' glazing materials when required by law.
appraisers submit a written report of an agreement to us,
the amount agreed upon shall be the amount of loss. If
they cannot agree, they will submit their differences to (6) INCREASE OF HAZARD
the umpire. A written award by two will determine the
amount of loss. Unless we agree beforehand, coverage is suspended if the
hazard is substantially increased by any means within the
Each party will pay the appraiser it chooses, and equally control or knowledge of anyone we protect.
hear expenses for the umpire and all other expenses of
the appraisal. However, if the written demand for
appraisal is made by us, we will pay for the reasonable (7) LOSS PAYMENT
cost of your appraiser and your share of the cost of the
umpire. We will settle any claim for loss with you. We will pay
you unless some other person is named in the policy or
We will not be held to have waived any rights by any act is legally entitled to receive payment. We will pay within
relating to the appraisal. 30 days after we receive your proof of loss and the
amount of loss is finally determined by one of the fol-
(3) AUTOMATIC ADJUSTMENT OF lowing:
COVERAGE AMOUNTS 1. we have reached an agreement with you: or
2. there is an entry of final judgment; or
X Dwelling,Other Structures, Personal Property 3. there is a filing of an appraisal award on your behalf.
• Dwelling
The amount of insurance applying to the Dwelling is (8) LOSS SETTLEMENT
the replacement cost at the time of loss. We will
adjust the premium for the next policy period to The increased cost incurred to comply with any ordi-
reflect any change in the replacement cost. nance or law is not included under this condition, except
You are required to notify us or our Agent of any for coverage that is provided under What We Also Pay,
improvements or other changes to the dwelling Ordinance or Law Coverage.
which exceed $5000. This notice must be given to us
within 90 days after such improvements or changes Loss to Dwelling Coverage, Other Structures Coverage
are started. If we are not notified, we do not cover and Personal Property Coverage will be settled on a
loss to such improvements or changes. Your replacement cost basis, without deduction for depreci-
premium may be adjusted during the current policy ation.
period to reflect the additional amount of insurance.
Dwelling and Other Structures Coverage X
• Other Structures
The amount of insurance applying to Other Struc- Payment will not exceed the smallest of the following
tures is the amount shown on the Declarations. We amounts:
Will keep track of rising costs and at the next policy 1. the replacement cost of that part of the dwelling
period we will adjust the amount of your Other damaged for equivalent construction and use on the
Structures Coverage if necessary. Your premium will same premises; or
be adjusted at each policy period to reflect any 2. the amount actually and necessarily spent to repair
change. or replace the damaged dwelling.
During the policy period, if there is an increase in
construction costs and a loss occurs, we will reflect We will pay no more than the actual cash value of the
the increase in the amount of insurance before damage until the actual repair or replacement is corn-
• making payment. There will be no charge for this pleted. However, when the loss is both less than $2500 X
additional coverage, and less than 5% of the amount of insurance applying to
the loss, we will pay the replacement cost before actual
• Personal Property repair or replacement is completed.
The amount of insurance applying to Personal Prop-
erty Coverage is the amount shown on the Declara- You may disregard the replacement cost provision and
tions. Adjustment in this amount will be made make claim for loss or damage to buildings on an actual
proportionately to the adjustment of Other Struc- cash value basis. However. you still have the right to
tures Coverage. make claim, within 180 days after the loss, for any addi-
tional amounts we will he required to pay under this
Loss Settlement provision.
(4) ERIE OPTION
Personal Property Coverage
If we give you written notice within 30 days after we I. Payment will equal the cost at the time of loss of a
receive your signed, sworn statement of loss, we may new article identical to the one damaged, destroyed
repair or replace any part of the property damaged with -
equivalent property.
12
or stolen. If the identical article is no longer manu- Our Duties
factured or is not available, we will pay the cost of a
new article similar to that damaged or destroyed and We will:
which is of comparable quality and usefulness. This 1. protect the mortgagee's interests in an insured
provision also applies under Damage To Property of building. This protection will not be invalidated by
Others Coverage as provided under Section lI.
2. We also cover the cost of repair or replacement of: any act or neglect of anyone we protect , any breach
of warranty, increase in hazard, change of ownership,
• carpeting or foreclosure if the mortgagee has no knowledge of
• household appliances these conditions;
2. give mortgagee 30 days prior notice if we cancel or X
X • cloth awnings refuse to continue this policy.
• outdoor antennas and outdoor equipment. 3. give mortgagee notice if you cancel this policy.
3. Under Personal Property Coverage we do not cover Mortgagee's Duties
Noss to property:
a. unless maintained in good and workable condi- The mortgagee will:
lion:
I. furnish proof of loss within 60 days after receiving
b. unless repaired or replaced;
c. which is outdated or obsolete and which is notice from us if you fail to do so;
2. pay upon demand any premium due if you fail to do
stored or not being used; so;
d. which by its nature cannot be replaced by a new 3. notify us of any change of ownership or occupancy
article including, but not limited to, antiques, or any increase in hazard of which the mortgagee has
fine arts. souvenirs. and collectors' items; knowledge;
e. which is at a secondary residence or at a resi give us the right of recovery against any party liable
Bence rented to others. for loss. This shall not impair the mortgagee's right
When replacement coverage does not apply because of to recover the full amount of the mortgage debt;
an exclusion under this section we will pay actual cash 5. after a loss, permit us to satisfy the mortgage require-
value at the time under
loss. ments and receive full transfer of the mortgage and
of all securities held as collateral to the mortgage debt;
We will pay the smallest of the following amounts for 6. at our request, submit to examinations under oath.
any one item of insured property: Policy conditions relating to Appraisal. Loss Payment
1. replacement cost; and Suit Against Us apply to the mortgagee.
2. repair cost;
3. any special limitations described in the policy. This condition shall also apply to any trustee named on
the Declarations.
When the replacement cost for the entire loss is more
than $2500, we will not pay more than the actual cash
value for the loss or damage until actual repair or (11) NO BENEFIT TO BAILEE
replacement is completed.
No bailee shall benefit, directly or indirectly, from this
You may make claim for loss on an actual cash value insurance.
basis and then make claim within one year after the loss
for any additional amounts we are required to pay under
this Loss Settlement provision. (12) OTHER INSURANCE
If both this insurance and other insurance apply to a
(9) LOSS TO A PAIR OR SET loss. we will pay our share. Our share will be the propor-
tionate amount that this insurance bears to the total
If there is a loss to a pair or set we may: amount of all applicable insurance, except insurance in
I. repair or replace any part of the pair or set to restore the name of an association or corporation of property
it to its value before the loss; or owners.
2. pay the difference between actual cash value of the
property before and after the loss. If there is other insurance in the name of an association
or corporation of property owners covering the same
property covered by this policy, the other insurance
(10) MORTGAGE CLAUSE applies first.
Loss under Dwelling Coverage or Other- Structures Cov- (13) PERMISSION GRANTED TO YOU
era,e shall he payable to mortgagees named on the Dec-
larations. to the extent of their interest and in the order Coverage applies even when your described dwelling is precedence.
vacant or unoccupied, except where limited under Exclu-
sion (2). Section 1.
You may make alterations, additions and repairs to your
building, and complete structures under construction.
13
You may waive your rights to recovery against another 4. produce for examination, with permission to copy,
involving the insured property. This must be done in all books of accounts, hills, invoices, receipts, other
writing prior to a loss. vouchers and other financial information as we may
reasonably require:
5. show us or our representative the damaged property,
(14) RECOVERED PROPERTY as often as may be reasonably required:
6. at our request, separately submit to examinations
If we have made payment on property which has later and statements under oath and sign a transcript of
been recovered by you or us, you or we will notify the the same;
other of the recovery. You have a right to the recovered 7. cooperate with us in our investigation of a loss and
property. If you elect to have the property, you will any suits;
repay us the amount of our payment to you. 8. send us, within 60 days after our request, your signed
and sworn proof of loss statement which includes an
explanation of the following:
(15) SUIT AGAINST US a. time and cause of loss;
b. your interest in the property and the interest of
We may not be sued unless there is full compliance with all others involved:
all the terms of this policy. Suit must be brought within c. any encumbrances on the property;
one year (Maryland - three years) after the loss or d. other policies which may cover the loss;
damage occurs. e. any changes in title, use. occupancy or pos-
session of the property which occurred during
the policy term;
(16) WHAT TO DO WHEN A LOSS HAPPENS f. when required by us, any plans, specifications
and estimates for the repair of the damaged
In case of a loss, anyone we protect must: building;
I. give us or our Agent immediate notice of the loss. If g. the inventory of damaged property as prepared
in 3. of this condition;
the loss is due to criminal activity or theft, you must h. receipts for any additional living costs as a result
also notify the police; of the loss, and records of pertinent rental loss;
2. do whatever possible to recover and protect the
i. in case of claim under Credit Card, Charge
property from further damage. If it is necessary to Plate, Check Forgery and Courrtetfeit Money
protect the property, you must make reasonable Protection, an affidavit stating amount, time and
repairs. and keep a record of all repair costs; cause of loss.
3. furnish a complete inventory of damaged property
including quantity, actual cash value and amount of
loss claimed;
HOME AND FAMILY LIABILITY PROTECTION -- SECTION II
Personal Liability Coverage includes Bodily Injury Liability Coverage, Property Damage Liability Coverage and Per-
sonal Injury Liability Coverage.
BODILY INJURY LIABILITY COVERAGE used up the amount of insurance by paying a judgment
or settlement.
PROPERTY DAMAGE LIABILITY COVERAGE PERSONAL INJURY LIABILITY COVERAGE
OUR PROMISE
OUR PROMISE
We will pay all sums up to the amount shown on the
Declarations which anyone we protect becomes legally We will pay all sums up to the amount shown on the
obligated to pay as damages because of bodily injury or Declarations which anyone we protect becomes legally
property damage caused by an occurrence during the obligated to pay as damages because of personal injury
policy period. We will pay for only bodily injury or prop- caused by an offense committed during the policy period.
erty damage covered by this policy. We will pay for only personal injury covered by this
policy.
We may investigate or settle any claim or suit for
damages against anyone we protect, at our expense. If We may investigate or settle any claim or suit for
anyone we protect is sued for damages because of bodily damages against anyone we protect , at our expense. If
injury or property damage covered by this policy, we will anyone we protect is sued for damages because of per-
provide a defense with a lawyer we choose, even if the sonal injury covered by this policy, we will provide a
allegations are not true. We are not obligated to pay any defense with a lawyer we choose, even if the allegations
claim or judgment or defend any suit if we have already are not true. We are not obligated to pay any claim or
judgment or defend any suit if we have already used up
the amount of insurance by paying a judgment or settle-
ment.
14
MEDICAL PAYMENTS TO OTHERS d. occasional business activities of anyone we X
COVERAGE protect. These include, but are not limited to,
babysitting, caddying. lawn care, newspaper
delivery and other similar activities.
OUR PROMISE We do not cover regular business activities or
We will pay the necessary medical expenses incurred or business activities for which a person is required
medically determined within three years from the date of to be licensed by the state.
fr
e. the ownership of newly-acquired one or two X
an accident causing bodily injury or personal injury. This family dwellings, but only for a period of 30
three-year limitation does not apply to funeral expenses. consecutive days after acquisition unless
This coverage does not apply to you or regular residents described on the Declarations.
of your household, other than residence employees. 3. Bodily injury, property damage or personal injury
arising out of the rental or holding for rental of the
To others, we will pay only in the following situations: residence premises by anyone we protect.
1. To a person on an insured location with the permis We do cover if the residence premises is:
lion of anyone we protect; or a. occasionally rented or held for rental to others as
2. To a person off an insured location if the bodily a residence:
injury or personal injury: b. rented or held for rental in part as a residence,
a. arises out of a condition on an insured location unless for the accommodation of more than
or adjoining ways;
three roomers or boarders;
h. is caused by the activities of anyone we protect; c. rented or held for rental in part as an office,
school, studio or private garage.
e. is caused by a residence employee in the course Bodily injury, property damage or personal injury
of employment by anyone we protect; arising out of the rendering or failing to render pro-
d. is caused by an animal anyone we protect owns fessional services. Professional services include, but
or is caring for. are not limited to:
Payment under this coverage is not an admission of a. any architectural, engineering or industrial design
liability by us or anyone we protect. services:
b. any medical, surgical, dental or other services
contributing to the health of persons or animals:
WHAT WE DO NOT COVER -- EXCLUSIONS c• any beauty or barber services:
d. any legal, accounting or insurance services;
Bodily Injury liability Coverage e. the servicing, installation, or maintenance of
computer hardware or software;
f. the selling, designing, licensing, consultation,
Property Damage Liability Coverage franchising, furnishing or creation of computer
Personal Injury Liability Coverage hardware or software, including electronic data
processing programs, designs, specifications.
M g
:Medical Payments To Others Coverae manuals or instructions.
5. Bodily injury. property damage or personal injury
We do not cover under Bodily Injury Liability Coverage, arising out of any premises owned by or rented to
Property Damage Liability Coverage, Personal Injury anyone cl si protect which is apply to an insured location .
Liability Coverage and Medical Payments To Others Cov- This exclusion does idt apply to bodily injury or
personal injury to a residence employee arising out of
e�a,,c. and in the course of employment by anyone we
1. Bodily injury, property damage or personal injury protect.
expected or intended by anyone we protect even if: 6. Bodily injury, property damage or personal injury
a. the degree, kind or quality of the injury or arising out of the ownership, maintenance or use of:
damage is different than what was expected or a. aircraft;
intended: or b. any land motor vehicle owned or operated by or
h. a different person, entity, real or personal prop- rented or loaned to anyone we protect.
erty sustained the injury or damage than was We do cover motor vehicles if:
expected or intended. 1) they are used solely at an insured location
We do cover reasonable acts committed to protect and not subject to motor vehicle registration;
persons and property. 2) they are kept in dead storage at an insured
2. Bodily injury, property damage or personal injury location;
arising out of business pursuits of anyone we protect. 3) they are a recreational land motor vehicle
We do cover: not designed for use on public roads while at
an insured location;
a. activities normally considered non-business; 4) they are a golf cart, wherever used or X
X b. business pursuits of salespersons, collectors, mes- located:
sengers and clerical office workers employed by 5) they are a lawn or farm type vehicle or X
others. We do not cover installation, demon snowblower, wherever used or located, if not
stration and servicing operations; subject to motor vehicle registration;
X c. business pursuits of educators while employed by 6) they are designed to assist the handicapped.
X others as educators, including corporal punish- c. watercraft:
meat of pupils: 1) owned by or frequently rented to anyone we X
protect if it has inboard or inboard-outdrive
15
motor power of more than 75 horsepower; 1. Liability assumed under any oral contract or agree-
or ment, or by contract or agreement in connection
X 2) owned by or frequently rented to anyone we with any business of anyone we protect.
protect if it is a sailing vessel 26 feet or more 2. Liability for your share of any loss assessment
in length; or charged against all members of an association or cor-
X 3) powered by one or more outboard motors poration of property owners. This exclusion does
with more than 75 total horsepower owned not apply to What We Also Pay. (9) Loss Assess-
by anyone we protect at the beginning of the ment. Section I of this policy.
policy period. 3. Property damage to property owned by anyone we
X However, if anyone we protect acquires watercraft, protect.
regardless of horsepower, coverage applies during the 4• Property damage to property rented to, occupied or
policy period. If the watercraft is acquired within 60 used by, or in the care. of anyone we protect . This
pol
days of the end of the policy period, we will provide exclusion does not apply to property damage caused
coverage for a maximum of 60 days. We have the by fire, explosion, sonic boom or smoke. or by acci-
right to charge you an additional premium. dental discharge of water from a waterbed or X
Exclusion 6. c. does not apply while the watercraft is aquarium.
5. Bodily injury or personal injury to any person eligible
stored on shore. to receive any benefits required to be provided or
Exclusion 6. does not apply to bodily injury or personal
voluntarily provided by anyone we protect under any
injury to any residence employee arising out of and in the workers compensation, non occupational disability
course of employment by anyone we protect. or occupational disease law.
We do not cover liability arising out of the negligent 6. Bodily injury, property damage or personal injury for
entrustment of an aircraft, motor vehicle or watercraft which anyone we protect is covered under any
excluded in 6. nuclear energy liability policy, or would be covered if
We also do not cover statutorily imposed vicarious par its amounts of insurance had not been exhausted.
ental liability for the actions of a child or minor using an
7. Bodily injury or personal injury arising out of busi-
aircraft, motor vehicle or watercraft excluded in 6. ness pursuits of anyone we protect, other than busi-
7. Bodily injury, property damage or personal injury ness pursuits covered by this policy.
arising out of war (declared or undeclared), civil war, 8. Bodily injury or personal injury to employees of
insurrection, rebellion or revolution. anyone we protect arising out of employment. •
Discharge of a nuclear weapon is considered a This exclusion does not apply to bodily injury to a
warlike act, even if accidental. residence employee arising out of and in the course
8. Bodily injury or personal injury which arises out of of employment by anyone we protect.
or results from a communicable disease or condition
9. Personal injury arising out of willful violation of a
transmitted by anyone we protect to any other law or ordinance by anyone we protect.
person through a parasite, virus, bacteria or any
ID. Personal injury arising out of civic or public activities
other organism.
9. Except as provided in paragraph 2. c. under "What performed for pay by anyone we protect.
We Do Not Corer Bodily Injury Liability Coverage, 11. Suits for libel, slander or defamation of character
Property Damage Liability Coverage, Personal Injury made against anyone we protect if the publication or
Liability Coverage and Medical Payments To Others statement:
Coverage," bodily injury , property damage or per- a. took place before the effective date of this incur-
, sonal injury which arises out of the sexual ance; or
molestation. corporal punishment or physical or b. was knowingly untrue.
•
mental abuse by anyone we protect. 12. Bodily injury or personal injury to you and if resi-
10. Bodily injury . property damage or personal injury dents of your household, your relatives, and persons
which arises out of the use, sale, manufacture, your the age of 21 in your care or in the care of
delivery, transfer or possession by any person of a your resident relatives.
Controlled Substances) as defined by the Federal
Food and Drug Law at 1 U.S.C.A. Sections 811 Under Medical Payments To Others Coverage we do not
and 812. Controlled Substances include but are not cover bodily injury or personal injury:
limited to cocaine, LSD, marijuana and all narcotic I. to a residence employee if it occurs off an insured
drugs. However, this exclusion does not apply to the location and does not arise out of or in the course of
legitimate use of prescription drugs by a person fol- employment by anyone we protect.
lowing the orders of a licensed physician. 2. to any person eligible to receive any benefits required
11. Bodily injury . property damage or personal injury to be provided or voluntarily provided under any
which arises out of the discharge, disposal, release or workers compensation, non-occupational disability
escape of any solid, liquid, gaseous or thermal or occupational disease law.
irritant, pollutant or contaminant, including smoke, 3. from any nuclear reaction, radiation or radioactive
vapors, soot, fumes, acids, alkalis chemicals, and contamination, or any consequence of any of these.
waste. Waste includes materials to he recycled, 4. to anyone we protect or other persons) who resides
reconditioned or reclaimed. on the insured location, except a residence employee.
12. Punitive or exemplary damages and related defense
costs.
WHAT WE ALSO PAY
We do not cover under Bodily Injury Liability Coverage,
Property Damage Liability Coverage or Personal Injury Payment for the following is in addition to the amounts
Liability Coverage: of insurance shown on the Declarations.
16
(1) CLAIM EXPENSES We have no duty to apply for or furnish such bonds.
7. reasonable lawyers' fees up to S50 which anyone we X
We pay: protect incurs because of arrest, resulting from an
I. court costs, to defend or settle as we believe proper, accident involving a vehicle covered by this policy.
any claim or suit against anyone we protect , for
damages covered under this policy. Our payment of (2) DAMAGE TO PROPERTY OF OTHERS
the limit of protection for a settlement, judgment, or
deposit in court ends our duty to pay under this We pay, on a replacement cost basis, up to $1000 per
item. occurrence for property damage to property of others
2. expenses incurred, to investigate and defend or settle caused by anyone we protect. This coverage also applies
as we believe proper. any claim or suit against to property of others in the possession of anyone we
anyone we protect for damages covered under this protect.
Policy. Our payment of the limit of protection for a
settlement, judgment, or deposit in court ends our We will not pay for property damage:
duty to pay under this item. 1. to the extent of any amount recoverable under
3. post-judgment interest, but only that portion of the
post-judgment interest which accrues on that part of Section I of this policy;
any judgment that does not exceed the limit of pro- 2. caused intentionally by anyone we protect who has
tection on a suit we defend. Our payment, offer in attained the age of 13;
writing, or deposit in court of that part of the judo 3. to property owned by anyone we protect;
ment which does not exceed the limit of protection d to property owned by or rented to a tenant of
ends our duty to pay any post judgment interest anyone we protect or a resident of your household;
which accrues after the date of our payment, written arising out of:
offer or deposit. a. an act or omission in connection with a premises
4. prejudgment interest or delay damages awarded on (other than an insured location) owned, rented or
that part of any judgment that does not exceed the controlled by anyone we protect;
limit of protection. If we offer in writing to pay the b business pursuits; or
applicable limit of protection, we will not pay any c. ownership, maintenance or use of a motor
prejudgment interest or delay damages for the period vehicle, aircraft or watercraft. We will pay for
of time after the offer. property damage to a land motor vehicle
5. reasonable expenses anyone we protect may incur at designed for recreational use off public roads
our request to help us investigate or defend a claim while to the possession of or caused by anyone
X or suit. This includes up to $300 a day for actual we protect if:
loss of earnings (but not loss of other income) and 1) not subject to motor vehicle registration, and
vacation time or other benefit loss. 2) not owned by anyone we protect.
6. premiums on the following types of bonds, but not
for bond amounts greater than the limit of pro- (3) FIRST AID EXPENSES
section:
a. appeal bond in a suit we defend; We pay reasonable expenses for first aid to other persons X
X b. hail bond (with premium of $500 or less) and animals at the time of an accident involving anyone
required due to an accident or related traffic vio- we protect.
lation involving a vehicle we insure;
c. attachment bond to release property of anyone (4) LOSS ASSESSMENT - PERSONAL LIABILITY
we protect due to an accident or related traffic COVERAGE ONLY
violation involving a vehicle covered by this
policy.
See What We Also Pay, (9) Loss Asses.sment - Section 1.
RIGHTS AND DUTIES -- CONDITIONS - SECTION II
(1) DUTIES OF AN INJURED PERSON - MEDICAL (2) LIMITS OF PROTECTION
PAYMENTS TO OTHERS COVERAGE
This insurance applies separately to anyone we protect .
The injured person or someone acting on behalf of that Regardless of the number of people we protect, claims
person will: made or persons injured, our total liability under Per-
I. give us written proof of claim, as soon as possible, sonal Liability Coverage for damages resulting from one
under oath if required; occurrence, offense, claim or suit will not exceed the
amount shown on the Declarations for Personal LiabiLiability?. sign papers at our request to allow us to obtain
medical reports and copies of records. Coverage. All bodily injury , property damage and per-
sonal injury resulting from one accident or from contin-
The injured person will submit to mental and physical uous or repeated exposure to the same general conditions
examination by doctors selected by us as often as reason- is considered the result of one occurrence. offense, claim
ably required. We may pay the injured person or the or suit.
provider of the services. Our total liability under Medical Payments To Others
Coverage for all medical expense payable for bodily injury
and personal injury to any one person will not exceed the
"Each Person" amount shown on the Declarations.
17
(3) OTHER INSURANCE - PERSONAL LIABILITY b. the time, place, and circumstances of the occur-
COVERAGE rence, offense, claim or suit:
c. names and addresses of injured persons and wit-
This insurance is excess over any other valid and collect- nesses.
ible insurance. However, if the other insurance is specif- 2. give us:
ically written as excess insurance over this policy, the a. promptly, any papers that relate to the occur-
limits of this policy apply first. rence, offense, claim or suit:
b. a signed statement containing all the facts about
If at the time of loss there is other insurance in the name the occurrence, offense, claim or suit.
of an association or corporation of property owners coy- 3. at our request:
erine the same property covered by this policy, the incur- a. assist in making settlement;
ance afforded by this policy shall be excess over the b. help us enforce any right of recovery against any
amount recoverable under such other insurance. party liable to anyone we protect;
c. cooperate with us in our investigation of a loss
and any suit;
(4) SUIT AGAINST US d. attend hearings and trials;
e. assist us in securing and giving evidence and in
We may not he sued unless there is full compliance with obtaining the attendance of witnesses:
all the terms of this policy. f. separately submit to examinations and state-
No one has the right to make us a party to a suit to ments under oath and sign transcripts of same;
g. authorize us to obtain records and other infor-
determine the liability of anyone we protect. mation:
h. answer all reasonable questions about the occur-
The legal liability of anyone we protect must be deter- rence, offense, claim or suit:
mined before suit under Personal Liability Coverage may i. allow us to inspect and appraise the damaged
be brought against us. This determination may be by a property before its repair or disposal.
court of law or by written agreement of all parties, 4. under the coverage Damage To Property Of Others,
including us' send us, within 60 days of our request, sworn proof
of loss.
(5) WHAT TO DO WHEN AN OCCURRENCE, OFFENSE, 5. not make payments, assume obligations or incur
CLAIM OR SUIT HAPPENS expenses, except at one's own cost, other than for
first aid to other persons and animals at the time of
When there is an occurrence, offense, claim or suit the bodily injury.
anyone we protect will:
I. notify us or our Agent in writing as soon as possible,
stating:
a. your name and policy number;
RIGHTS AND DUTIES -- GENERAL POLICY CONDITIONS -- SECTION I & II
The rest of the premium will be placed on the books of
the Erie Insurance Exchange. We will deposit or invest
We,you and anyone else protected by this policy must this amount as permitted by law. This amount will he
do certain things in order for the terms of this policy to used to pay losses, loss adjustment expenses, investment
apply. expenses, damages, legal expenses, court costs, taxes,
assessments, licenses, fees, any other governmental fines
(1) ACCOUNTING and charges, establishment of reserves and surplus, and
reinsurance, and may be used for dividends and other
urposes Erie Indemnity C
If the premium payment plan chosen for this policy
p
advantage of the Subscribers.ompany decides are to the
includes a service charge, the service charge is paid to the
Erie Indemnity Company.
(2) ASSIGNMENT
The following applies only to policies issued by Erie Insur-
ance Exchange: Interest in this policy may he transferred only with our
written consent. We may require evidence that all
X Erie Indemnity Company may keep up to 25% of the Named Insureds approve the assignment.
premium written or assumed by Erie Insurance
Exchange as compensation for (A) becoming and actin (3) BANKRUPTCY OF ANYONE WE PROTECT
as Attorney-in-Fact, (B) managing the business and
affairs of Erie Insurance Exchange and (C) paying
general administrative expenses, including sales commis- Bankruptcy or insolvency of anyone we protect or
sions. salaries and employee benefits, taxes, rent, depreci- anyone we protects estate will not relieve us of our obli
ation, supplies and data processing. gallons.
18
(4) CANCELLATION prior to the new policy period if you want to cancel. If
we do not receive this notice, your policy remains in
Your Right to Cancel force and you must pay us the earned premium due for
this time.
You may cancel this policy by mailing or delivering to
our Agent or us written notice stating at what future date (7) COOPERATION
you want the cancellation to take effect. We may waive
these requirements by confirming the date of cancellation You agree to cooperate with us by:
to you in writing.
1. truthfully completing and promptly returning ques-
Our Right to Cancel or Refuse to Continue tionnaires and audit forms about this insurance;
2. permitting and helping with inspections and audits;
We may cancel or refuse to continue this policy or any and
coverage by mailing you written notice stating the effec- 3. complying with specific recommendations to
tive date of our action. Our action will comply with the improve your risk.
laws of the state where your residence premises is located.
Our cancellation or refusal to continue this policy will (g) HOW YOUR POLICY MAY BE CHANGED
not take effect until at least 30 days (Maryland - 45
days). except for non-payment of premium after we send This policy conforms to the laws of the state in which
it. The effective date for cancellation for non-payment your residence premises is located. If the laws of the
of premium will be in compliance with the laws of the state change, this policy will comply with those changes.
state in which you reside.
We reserve the right to cancel for your non-compliance Your policy may change by asking us. Your request
with our premium payment plans. We do not waive our must contain enough information to identify you.
right to cancel, even if we have. accepted prior late pay- Asking our Agent is the same as asking us. If we agree
with your request, we will then issue a Declarations.
men t s.
tilethod of Giving Notice made will give you the benefit of any change in coverage
made by us, if it does not require additional premium.
Mailing notice to the address shown on the Declarations This change will be effective as of the date we implement
will he sufficient proof of notice. The policy period will the change for you in your state.
end on the date and time stated in the notice. If the information we use to determine the premium for
Return of Premium your coverages) changes during the policy period, we
may adjust your premium. Premium adjustments will be
If your policy is cancelled by you or us, we will return
made using rules and rates in effect for our use.
the pro rata unused share of your premium. Cancella-
tion will be effective even if we have not given or offered (9) OUR RIGHT TO RECOVER FROM OTHERS
the returned premium.
After we make a payment under this policy. we will have
(5) CONCEALMENT, FRAUD OR the right to recover from anyone else held responsible for
MISREPRESENTATION the loss. This right will not apply under Section I if you
have waived it in writing prior to the loss.
This entire policy is void as to you and anyone we Anyone to whom we have paid will sign papers and do
protect if. whether before or after a loss: whatever is required to transfer this right to us, and do
I. you or anyone we protect have intentionally con- nothing to harm this right.
cealed or misrepresented any material fact or circum-
stance concerning this insurance; or Anyone receiving payment from us and someone else for
2. there has been fraud or false swearing by you or the same loss will reimburse us up to our payment less a
anyone we protect as to any matter that relates to proportionate share of the costs (including attorney fees)
this insurance or the subject thereof; or of such recovery.
3. you or anyone we protect engage in fraudulent
conduct as to any matter that related to this insur- We will pay all reasonable expenses anyone may incur at
ance or subject thereof. our request to help us recover damages from anyone else
held responsible. This includes up to S300 a day for
In the event of 1.. 2. or 3. above, we will not pay for any actual loss of earnings.
toss.
This condition does not apply under Section II - Medical
(6) CONTINUOUS POLICY Payments To Others Coverage or Damage To Property
Of Others.
Your policy is a continuous policy. It will continue in
force until cancelled by you or terminated by us as (10) PRIORITY
explained in the Cancellation Condition. Each year we
will send you a Declarations which shows the premium This insurance will first protect you, your spouse residing X
due for the next policy period. in your household and then others we protect.
In return for this service, you must mail us written notice
19
(11) SURVIVORS' COVERAGE 3. your legal representative,but o my while performing
If you die.the policy will cover: duties as your representative and only until the end
of the policy period during which your death occurs.
I. anyone we protect who is a member of your house-
hold at the time of your death,but only while a resi- (12)TIME OF INCEPTION
dent of the residence premises; If this policy replaces c overage in other policies which
2. anyone having l awful possession of i nsured property end on the inception date of this policy, but at a different
until a representative is ap pointed, but only until the time,then this policy will take effect when the other cov-
end of the p olicy period du ring which your death erage ends.
occurs:
This policy has been signed on our behalf at Erie, Pennsylvania by our President and Secretary. If required by law, it has
been countersigned on the Declarations by our authorized Agent.
Secretary President
Erie
Insurance
Home Office • 100 Erie Insurance Place • Erie.PA 16530 • 814.870.2000
Vis't our website at www.erieinsurance.com
2005 Ultracover(Ed. 2/01)OF-8213 20
EXHIBIT B
I
Policy Q57-3022205 Declaration effective 09/30/2010
ERIE®
ERIE INSURANCE EXCHANGE
HOMEPROTECTOR POLICY
ULTRACOVER
CONTINUATICN NOTICE
AA7685 STROCK INSURANCE AGENCY 09/30/10 TO 09/30/11 Q57 3022205 H
VANESSA M ROGOWICZ & AS LISTED BELOW
KEVIN C ROGOWICZ OR ON REVERSE SIDE
190 MARTEL CIR
DILLSBURG PA 17019-8717
AGENT - STROCK INSURANCE AGENCY 401 SOUTH 32ND STREET
is
AGENT PHONE - (717) 737-5405 CAMP HILL PA 17C11 5137
COVERAGE BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE LOCATION OF THE
INSURED PROPERTY. UNTIL TERMINATED, THIS POLICY WILL CONTINUE IN FORCE.
LOCATION OF :RESIDENCE PREMISES IF OTHER THAN STATED IN ITEM 1 OR IF SPECIFIC
DESIGNATION IS NEEDED. ZIP CODE - 17019 CARROL TWP, YORK CO
PROPERTY INFORMATION - PRIMARY RESIDENCE, YEAR OF CONSTRUCTION 2006, FRAME,
PROTECTION CLASS B.
PROPERTY IS WITHIN 1000 FEET OF A FIRE HYDRANT AND WITHIN 5 MILES OF
A RESPONDING FIRE DEPARTMENT.
AUTOMATIC ADJUSTMENT OF COVERAGE WAS APPLIED TO DWLG.
* THE AMOUNT OF INSURANCE APPLYING TO THE DWELLING IS THE REPLACEMENT COST
AT THE TIME OF THE LOSS, SUBJECT TO POLICY CONDITIONS AND REQUIREMENTS.
THE ESTIMATED REPLACEMENT COST OF THE DWELLING IS $ 240, 000.
SECTION I - PROPERTY PROTECTION AMOUNT OF INSURANCE PREMIUMS
'DWELLING *GUARANTEED REPLACEMENT COS $ 429.00
OTHER STRUCTURES $ 48, 000
PERSONAL PROPERTY $ 180, 000
LOSS OF USE LOSS SUSTAINED NOT TO
EXCEED 12 CONSECUTIVE MONTHS
SECTION II - HOME AND FAMILY LIABILITY PROTECTION
PERSONAL LIABILITY - EACH OCCURRENCE $ 300, 000
MEDICAL PAYMENTS TO OTHERS - EACH PERSON $ 1, 000
PREMIUM CHARGE FOR INCREASED LIABILITY LIMITS $ 12.00
FULL TERM PREMIUM FOR THIS RESIDENCE -- $ 441.00
FULL TERM ADDITIONAL COVERAGE PREMIUM $ 58.00
TOTAL PREMIUM FOR THIS POLICY $ 499.00
SECTION 1 DEDUCTIBLE $ 500.
APPLICABLE FORMS - 2005 02/01, HP-PA 09/08, HP-FP 02/03, HP-GN 01/09,
UF2106* 04/08*, UF2733* 01/09*, UF2743* 01/10*, HP-AAN 01/97, IM-PA 09/02,
1M-ZZ 10/98, PAIM100 09/08.
PRIMARY RESIDENCE-MORTGAGEE
LN 0216977314
WELLS FARGO BANK NA #708
ISAOA
PO BOX 23030
JACKSONVILLE FL 32241-3030
NO BUSINESS PURSUITS ARE CONDUCTED AT THE PREMISES, EXCEPT AS FOLLOWS -
ADDITIONAL COVERAGES PREMIUMS
YOUR PREMIUM REFLECTS SAVINGS DUE TO A HIGHER DEDUCTIBLE INCL ABOVE
YOUR BASIC DWELLING PREMIUM REFLECTS OUR NEWER HOME DISCOUNT INCL ABOVE
Policy Q57-3022205 Declaration effective 09/30/2010 Page No: 2
PREMISES ALARM SYSTEM - TYPE 2 $ 27.00CR
AUTO/HOME MULTI POLICY DISCOUNT APPLIES INCL ABOVE
WE COVER THE FOLLOWING CLASSES AMOUNT OF ADDITIONAL
OF INLAND MARINE PROPERTY INSURANCE PREMIUMS
JEWELRY, AS SCHEDULED - DEC NONE $ 9, 000 $ 85.00
AMOUNT OF
SCHEDULE OF COVERAGES BY ITEM INSURANCE
JEWELRY
LDYS ENGAGEMENT RING 1 CT IDEAL CUT VS2/G PRINCESS SOLITARE $ 9000
14K WG W/ PLATINUM HEAD
EXHIBIT C
Kerry J.Ritchey.CPCU,AIC
President&Claims Manage'
Erie
L Insurance
f r.:nc )rice • 1x01 _cuss Drive • Rossmoyne Business Center • P.O. Box 2013 • Mechanicsburg, PA 17055-0710
,'21. I • 7;.R Free 1.800.382,1304 • Fax 717.795.2315 • www.erieinsilrance.com
March 23, 2012
Vanessa Rogowicz & Kevin Rogowicz
190 Martel Circle
Dillsburg, PA 17019
Re: Erie Claim 010171217125
Erie Policy Q573022205
Erie Insured: Vanessa & Kevin Rogowicz
Date of Loss: 8-1-2011
Dear Mr. & Mrs. Rogowicz:
This letter is a follow up to my inspection of your property on March 6, 2012. The inspection and subsequent
review did not reveal any direct physical damage to the roof shingles due to hail. However as we discussed on
March 13, 2012 there was damage to the soft metals on your home.
Please review your Ultra cover policy on page 6 which states in part:
SECTION 1 — PROPERTY PROTECTION
DWELLING COVERAGE
OUR PROMISE
We will pay for loss to:
1. Your dwelling at the residence premises shown on the Declarations. Dwelling includes attached structures,
and building equipment and fixtures servicing the premises.
2. Construction material at the residence premises for use in connection with your dwelling.
This coverage does not apply to land and water, including natural water, above or below the surface of the
ground.
Also refer to page 7 of the policy which states:
PERILS WE INSURE AGAINST
We pay for direct physical loss to property insured under the Dwelling, Other Structures and Personal Property
Coverages, except as excluded or limited herein.
As there was no direct physical damage to your roof by the hail event which occurred, the claim presented for
hail damage to your roof is denied. The hail damage to the soft metals is covered and enclosed you will find a
copy of the estimate for repairs along with the settlement check less your policy deductible.
The ERIE Is Above Al i in SERvICE
Finally we would remind you that per the (15) SUIT AGAINST US provision of the policy we may not be sued
unless there is full compliance with all the terms of this policy. Suit must be brought within one year
(Maryland - three years) after the loss or damage occurs. This provision is located on page 14 of the Ultra
Cover policy.
You have advised The Erie that you disagree with our denial of the roof portion of the claim. Per your
conversation with Senior Supervisor Robert Miller, a shingle from your roof can be sent to Haag Engineering
Company for an independent third party analysis of whether the shingle is hail damaged. The Erie would pay
for this expense. If you are interested in pursuing this option, please telephone me to discusss.
The failure of The Erie to cite any further terms, conditions, exclusions or defenses under this policy or policies
in question shall not be construed as a waiver of any further rights, which The Erie may later assert under their
contract. When the coverage question is resolved, you will be notified accordingly.
Sincerely,
Debbie Enck
PO Box 2013
Mechanicsburg, PA 17055
Property Claims Supervisor
717-795-2203
Regular Mail
Enclosures:
MSB Pacakge
Check
EXHIBIT D
i./ Siding and Roofing of PA, LLC
152 South Hanover Street,Carlisle,PA,17013
1�� c' lt� r, j, www.premiersidingroofing.com
/ rys4d y«; I (717) 609-1971 (OFFICE)
INSURANCE RECOVERY AGREEMENT
DATE: ,<-2 7 2.(1/1 CUSTOMER CODE:
ADDRESS: `
CITY: 7) 41, STATE: ' ZIP CODE
HOME PHONE: WORK PHONE
This Agreement is subject to Insurance Company Approval
(Any Continuation of the proposed work and materials description appearing on a separate document shall be incorporated into this Agreement.)
SPECIFICATIONS PAYMENT SCHEDULE
ROOF: (� �r
Grade of Shingle: YA _ r v i i / 'c'
Style of Shingle: Agreement Amount: $_)211,2_,20_-
Ridge Material: !16 712 11
$
Color of Shingle: /0 � ,55-
Supplement:
Tear Off: ,' Yes No #of layers , &Profit: $
Walkable(Under 6/12) Not Walkable(Over 7/12)
15-Ib Felt _30-lb Felt Total Contract Price: $
SIDING:
Brand: _ PLEASE MAKE ALL CHECKS PAYABLE TO:
Style: PREMIER SIDING&ROOFING OF PA,LLC.
Color: — Deposit Due Upon Insurance Company Approval
Panel Width: 4" 4%" 5" _6 Y, - Paid
Panel Profile: _ Dutchlap Straightlap Beaded Date: CK# $
OTHER: Second Payment Due Upon Delivery Of Material
Replace G&D-s:X5" - 6' Paid
Color: � ;};t �� 0 _ / 720.-00 Date: CK# $
Remove&Reinstall G&D's Balance Due Upon Completion
Replace shutters: Louvered -.Raised Panel Paid
Color: _ Date: CK# $
Remove&Reinstall Shutters
Replace Gable Vent(s) Yes_ No Qty.
Square Round Triangular Color: BALANCE S
ret;( Ci OED 11)1r/if ;C 765oo
Special Instructions: Acknowledgment
Coo•cr Cu't'er �� All checks issued by the insurance and/or Mortgage Company in
payment for the services provided herein shall list the Customer and
yPremier Siding&Roofing of PA,LLC as co-payees.
4;r Customer's Initials
it ,�f' e, /As/ �'�un yGj /4
.�'!'i'� �'; d 41,—;75 14 � F e Premier Siding&Roofing of PA,LLC
Terms: This Agreement does not obligate you,the homeowner,or Premier Siding&Roofing of PA,LLC,unless it is approved by your insurance company and accepted by
Premier Siding&Roofing of PA.LLC. By signing this Agreement,you authorize Premier Siding&Roofing of PA,LLC to pursue your best interests at a price agreeable to the
insurance company and Premier Siding&Roofing of PA,LLC without any cost to you except for your insurance deductible,supplemental claims billed by Premier Siding&
Roofing of PA, LLC on your behalf and approved by your insurance company for additional work or cost increases will become part of this agreement. Any upgrades of
additional work requested by you and not approved by your insurance company,will be your financial responsibility and is not part of this agreement.
IN WITNESS WHERE OF Buyer(s)acknowledge receipt of a completed copy of this Agreement on the day and year written above. IIWE have read,understand,and
accept the terms included on the front and back of this Agreement.
Approved by Customer on Date: i By:
Approved by Customer on Date: / / By:
Insurance Company: Claim No#:
Approved by Salesperson on Date: le /27/Jt1 By:
Accepted by Premier Siding&Roofing of PA.LLC on Date: / / By.
EXHIBIT E
_
Madisgn.ons •
CONSTRUCTION LLC
MADISONANDSONS.COM
Madison & Sons Construction LLC.
3145 Spring Road
Carlisle, PA 17013
Fax 717-258-5805 Cell 717-512-4599
"We Make Dreams a Reality"
Registration #: PA054391
To : Kevin Rogowicz
190 Martel Cir.
Dillsburg, PA 17019
From: Dirk J. Madison—President of Operations
Madison& Sons Construction LLC
RE : Hail Damage
190 Martel Cir.
Dillsburg, PA 17019
Date: 7-15-12
A severe storm passed through the area delivering high wind, rain, and heavy large hail. This hail
damaged windows, siding, spouts, downspouts, fascia, screens, and roofs.
Front Elevation : Spouting, Fascia
R & R Downspout Al 5 " 75' $5.16 $ 387.00
R& R Fascia metal 6" 20' $3.50 $ 70.00
Total for Front Elevation $457.00
Initialed by: 0 . Contractor
Roof: 23Sq of arch Shingles, 42' of Cobra ridge vent, 48' of flashing, 120 ft of ice
And water, 265ft of drip edge.
Removal of 21 square
2 Story Charge
Valleys
23 square 30 year Arch Shingle to match house Total Cost $8,575.00.00
Right Side Exterior: Fascia
R& R Fascia metal 6" 40' $3.50 $ 140.00
R & R Downspout Al 5 " 20' $5.16 $ 103.20
Total for Right side exterior $243.20
Rear exterior: Spouting
R & R Downspout Al " 20' $5.16 $ 103.20
Total for rear of house $ 103.20
Left Side of Exterior: Fascia
R&R Fascia metal 6" 40' $3.50 $ 140.00
R & R Downspout Al 5 " 40' $5.16 $ 206.40
Total for left side of house: $346.40
Co Profit and Loss Standard allowed by insurance 10% $901.00
Total Cost of entire job $10,625.80
**** With homeowner's deductable it will be$10,625.80
Initialed by: 0 - Contractor
EXHIBIT F
OWENS CORNING ROOFING AND ASPHALT,LLC
OWENS
ONE OWENS CORNING PARKWAY
TOLEDO.OHIO 43659
COMM
,,00-'66-346!—Fax,8()(1-824-94-2.
INNOVATIONS FOR LIVING"
November 8, 2012
MR. KEVIN ROGOWICZ
190 MARTEL CIR
DILLSBURG, PA 17019
Claim #418079
The Owens Corning Limited Warranty on Roofing Shingles warrants the shingles against
manufacturing defects. The situation you are experiencing is not due to a manufacturing defect
in the shingles, but appears to be related to hail damage. Therefore, we will be unable to offer
a settlement on your claim.
Shingles can develop raised areas (blisters) that do not affect shingle performance, thus it is
not covered under our warranty. However, exposure to hail or external force (walking on
roofing) can cause blister to open and compromise the shingle performance. Our historical
weather indicates your area experienced a severe hail storm.
We recommend you review other areas of your home for evidence of hail, such as damage to
vents, siding, soffits or gutters. Hail strong enough to damage these products will also
compromise the shingles. We do not feel the situation on your roof is related a defect in the
shingle. As such, no settlement can be made on your claim.
We regret any inconvenience you have experienced in connection with this claim. If you have
any additional questions or if we can assist you further, please do not hesitate to call 1-800-
ROOFING (1-800-766-3464) press option #2 and follow the prompts for my name.
Sincerely,
V id4
Owens Corning
OC/HLR
KEVIN ROGOWICZ AND VANESSA : IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs : CIVIL ACTION - LAW
vs. •
: No. 13-1371
ERIE INSURANCE PROPERTY AND :
CASUALTY COMPANY, a/k/a ERIE :
INSURANCE GROUP, a/k/a ERIE : ASSIGNED TO HONORABLE:
INSURANCE EXCHANGE,
Defendant : JURY TRIAL DEMANDED — 12 JURORS
CERTIFICATE OF SERVICE
I, Jesse L. Pleet, Esquire, attorney for Plaintiffs, Kevin Rogowicz and Vanessa Rogowicz,
certify that on April R. , 2013 a copy of the Plaintiffs' Complaint was served upon the
following party by first class mail, postage prepaid:
Stephen L. Banko, Jr., Esquire
Margolis Edelstein
3510 Thindle Road
Camp Hill, PA 17011
Attorneys for Defendant
This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
LAW OFFICES OF JESSE L. PLEET, P.C.
J: se . Pleet, Esquire
• tto eys for Plaintiffs
• Penn Avenue
Wyomissing, PA 19610
(610) 373-8570
Attorney I.D. #34783
FILED-OFFICE
OF THE PROTHONOTARY
STEPHEN L. BANKO,JR., ESQUIRE 2113 APR 17 API 11: 28
Pa.Supreme Court I. D. No.41727
MARGOLIS EDELSTEIN CUMBERLAND COUNTY
3510 Trindle Road PENNSYLVANIA
Camp Hill, PA 17011
Telephone:(717)760-7501
FAX: (717)975-8124 Attorney for Defendants
E-mail: sbanko @margolisedelstein.com
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
KEVIN ROGOWICZ AND
VANESSA ROGOWICZ,
DOCKET NO. 13-1371
Plaintiffs
v CIVIL ACTION - LAW
ERIE INSURANCE PROPERTY AND
CASUALTY COMPANY a/k/a ERIE
INSURANCE GROUP a/k/a ERIE
INSURANCE EXCHANGE,
Defendants
NOTICE TO PLEAD
TO: Kevin Rogowicz and Vanessa Rogowicz, Plaintiffs
c/o Jesse L. Pleet, Esquire
Law Offices of Jesse L. Pleet, P.C.
920 Penn Avenue
Wyomissing, PA 19610
(Counsel for Plaintiffs)
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a default judgment may be entered against you.
MA" o OL . EDELSTEIN
Date: (t0( By: A !t
CEP' . B A KO, JR.
Counsel or Defendants
STEPHEN L. BANKO,JR., ESQUIRE
Pa.Supreme Court I. D. No.41727
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Telephone: (717)760-7501
FAX: (717)975-8124 Attorney for Defendants
E-mail: sbankoemargolisedelstein.com
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
KEVIN ROGOWICZ AND
VANESSA ROGOWICZ, DOCKET NO. 13-1371
Plaintiffs
v. CIVIL ACTION - LAW
ERIE INSURANCE PROPERTY AND
CASUALTY COMPANY a/k/a ERIE JURY TRIAL DEMANDED
INSURANCE GROUP a/k/a ERIE
INSURANCE EXCHANGE,
Defendants
ANSWER AND NEW MATTER
OF DEFENDANTS TO PLAINTIFFS' COMPLAINT
1. Admitted. It is admitted that the claim set forth in Plaintiffs' Complaint does
not exceed the compulsory arbitration limit for Cumberland County.
2. Admitted.
3. Denied. The allegations contained in this paragraph state a legal conclusion
to which no response is necessary. By way of further answer, Erie Insurance Group is a
fictitious name and is not a legal entity. By way of further answer, Erie Insurance Property
&Casualty Company and Erie Insurance Exchange are distinct and separate legal entities.
The Erie Insurance Property&Casualty Company has no involvement in the instant action
as the policy of insurance under which Plaintiffs contend they are entitled to coverage was
issued by the Erie Insurance Exchange ("Erie") which is an unincorporated reciprocal
insurance exchange authorized to conduct insurance business within the Commonwealth
of Pennsylvania with a principal place of business at 100 Erie Insurance Place, Erie, Erie
County, PA 16501. Erie does have a claims office located at 4901 Louise Drive,
Mechanicsburg, Cumberland County, PA 17055.
4. Admitted in part and denied in part. While it is admitted that Plaintiffs were
the title owners of property located at 190 Martel Circle, Dillsburg,York County, PA 17019.
With respect to where either Plaintiff was actually residing on August 1, 2011, after
reasonable investigation Defendants are without knowledge or information sufficient to
form a belief as to the truth of said averments and, therefore, they are denied.
5. Denied. After reasonable investigation the Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments
contained in this paragraph and, therefore, they are denied.
6. Denied as stated. The answer contained in paragraph 3 hereof is
incorporated herein by reference as if set forth in its entirety. By way of further answer, it is
specifically denied that the document attached to Plaintiffs' Complaint as Exhibit A
represents a true and correct copy of the entirety of the insurance contract between
Plaintiffs and the Erie. To the contrary, as set forth in Exhibit B to the Plaintiffs' Complaint,
there are number of policy forms which were identified in the Policy Declarations which are
not attached to Plaintiffs' Complaint.
7. Admitted in part and Denied in Part. It is admitted that attached to Plaintiffs'
Complaint is a copy of the Policy Declarations which was in effect on during the period
September 30, 2010 through September 30, 2011. The coverages provided by the Policy
2
are found in the forms identified therein and not in the Declarations themselves.
8. Denied as stated. While it is admitted that there were areas of Central
Pennsylvania including areas of York County, Pennsylvania which experienced a summer
storm on August 1, 2011, which produced hail and wind, it is specifically denied that
Plaintiffs' roofing shingles sustained any damage as a result thereof.
9. Denied. The answer contained in paragraph 8 hereof is incorporated herein
by reference as if set forth in its entirety.
10. Denied as stated. Defendants are unable to admit or deny of Plaintiffs'
characterization as to the time frame within which they reported that the theiir premises
allegedly sustained hail damage.
11. Admitted.
12. Admitted.
COUNT I
(ROGOWICZ v. ERIE — BREACH OF CONTRACT)
13. The answers contained in paragraphs 1 through 12 hereof are incorporated
herein by reference as if set forth in their entirety.
14. Admitted.
15. Denied. It is specifically denied that the roof shingles of Plaintiffs' premises
sustained any damage related to hail.
16. Admitted.
17. Denied as stated. The allegations contained in this paragraph state a legal
conclusion to which no response is necessary. By way of further answer, it is believed that
only one tab of the three (3) tab shingle was sent by the Erie for inspection and testing by
3
Haag Engineering Company ("Haag"). The entire three-tab shingle having been removed
from the roof of Plaintiffs' premises with their permission and as a result of a selection by
Plaintiffs' roofer, Dirk Madison ("Madison"). Furthermore, the one-three tab shingle was
specifically replaced by the Erie. By way of further answer, it is specifically denied that the
roof shingles of Plaintiffs' premises suffered any damage as a result of hail on August 1,
2011.
18. Denied as stated. Defendants are unable to admit or deny the
characterization that the inspection conducted by Mike Biechler, Inc. was "independent."
To the contrary, it is belief and therefore averred that Plaintiffs had a prior business
relationship with Mr. Biechler. By way of further answer, the answer contained in
paragraph 17 hereof is incorporated herein by reference as if set forth in its entirety.
19. Admitted in part and denied in part. It is admitted that Plaintiffs purchased an
insurance policy from the Erie and that the policy includes the quoted language contained
in this paragraph. However, the Policy, a complete copy of which is not attached to
Plaintiffs' Complaint, being a writing, speaks for itself and is the best evidence of what it
says. Furthermore, Plaintiffs specifically have failed to comply with all provisions of the
Policy in pursuing this instant action which is now barred by such clear and unambiguous
provision.
20. Denied. The answer contained in paragraph 19 hereof is incorporated herein
by reference as if set forth in its entirety.
21. Admitted. By way of further answer,the answers contained in paragraphs 17
through 20 hereof are incorporated herein by reference as if set forth in their entirety.
22. Admitted. The answer contained in paragraph 21 hereof is incorporated
4
herein by reference as if set forth in its entirety.
23. Admitted. The answer contained in paragraph 21 hereof is incorporated
herein by reference as if set forth in its entirety.
24. Denied as stated. The amount of any estimate for alleged damage to the
roof shingles of Plaintiffs' premises is of no consequence as there is no coverage for the
items contained in the estimate under the Policy. Accordingly, this allegation is not
relevant; representing scandalous and impertinent matter and involves nothing more than
inadmissible evidence. By way of further answer,the answers contained in paragraphs 17
through 20 hereof are incorporated herein by reference as if set forth in their entirety.
25. Denied. The allegations contained in this paragraph state a legal conclusion
to which no response is necessary. By way of further answer, the answer contained in
paragraph 21 hereof is incorporated herein by reference as if set forth in its entirety.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs.
COUNT II
(ROGOWICZ v. ERIE — BAD FAITH)
26. The answers contained in paragraphs 1 through 25 hereof are incorporated
herein by reference as if set forth in their entirety.
27. Denied as stated. The allegations contained in this paragraph state a legal
conclusion to which no response is necessary. By way of further answer, the clear and
unambiguous provisions of the Policy require an insured to file a suit against Erie within
one (1) year of the date of the alleged loss. Plaintiffs did not file the instant action until
filing a Complaint with Magisterial District Judge in November 2012, more than one year
after the date they allege their premises were damaged by hail.
5
28. Admitted in part and denied in part. It is specifically denied that Exhibits D
and E represent"reasonable proof of loss". Rather, all such documents state is that if the
roof were to be replaced, the amount stated herein would be required to make such
replacement. By way of further answer, the answers contained in paragraphs 26 and 27
hereof are incorporated herein by reference as if set forth in their entirety.
29. Denied. The allegations contained in this paragraph state a legal conclusion
to which no response is necessary.
(a) Denied There was no such agreement. By way of further answer, as
set forth in paragraph 17 of Plaintiffs' Complaint, Plaintiffs' alleged that a single a three-tab
shingle is insufficient to demonstrate the entirety of alleged hail damage to the roof of
Plaintiffs' premises. Therefore, at least according to Plaintiffs, there remains sufficient
evidence to establish hail damage. Accordingly, any allegation as to the action of the Erie
with respect to the testing of only one shingle is of no consequence.
(b) Denied. Erie apparently submitted only one tab of the three-tab
shingle for testing. As Plaintiffs are aware, Haag issued a report based upon the results of
that testing. However, according to Plaintiffs' own allegations, such tests or failure to test
is of no consequence. Therefore, the answer contained in paragraph 29(a) hereof is
incorporated herein by reference as if set forth in its entirety.
(c) Denied. Due consideration was given to the inadequate opinion of
Michael Biechler, Inc.,which opinion was not based upon any scientific testing of any type.
(d) Admitted in and denied in part. It is admitted that a representative of
the Erie told Madison that Plaintiffs' roof shingles were damaged by heat bliters. As
Plaintiff is aware, such evidence was produced at the time of the hearing before the
6
Magisterial District Judge and will be produced at the time of the hearing or trial in this
matter;
(e) While it is admitted that a document attached to Plaintiffs' Complaint
as Exhibit F appears to be a writing from Owens Corning, the manufacturer of the roof
shingles at issue, as to what, if any, investigation or scientific testing Owens Corning did to
reach the conclusions it reached, after reasonable investigation Defendants were without
knowledge or information sufficient to form a belief as to the truth of said averments and,
therefore, they are denied.
(f) Denied. It is specifically denied that there was ever a "similar hail
damage claim" in Plaintiffs' neighborhood. To the extent that the Erie made payment for
hail damage to another premises, such payment was based upon hail damage actually
existing. Furthermore, the allegations in this subparagraph are scandalous and impertinent
and do not represent competent, relevant, or admissible evidence.
(g) Denied. The answer contained in paragraph 29(f) hereof is
incorporated herein by reference as if set forth in its entirety.
(h) Denied. After reasonable investigation Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments
contained in this paragraph and, therefore, they are denied;
(i) Denied as stated. Defendants specifically deny the scandalous and
impertinent characterizations of the manner in which the oral complaint of Plaintiff-Husband
to the Office of President was handled. It is admitted, however, that Plaintiff-Husband was
informed that there was no hail damage to the roof shingles and that the claim was denied.
30. Denied. The allegations contained in this paragraph state a legal conclusion
7
to which no response is necessary.
31. Denied. The basis for denying benefits was based upon the inspection of
the premises and submission of evidence to Haag. Additional inspection and scientific
testing may now be done as a part of discovery in the instant action. It is believed and
therefore averred that any additional inspection and scientific testing will demonstrate that
the roof shingles did not sustain any significant or extensive hail damage or that the roof
needs to be replaced as a result thereof.
32. Denied. The answer contained in paragraph 31 hereof is incorporated herein
by reference as if set forth in its entirety.
33. Denied. The answer contained in paragraph 31 hereof is incorporated herein
by reference as if set forth in its entirety.
34. Denied. The answer contained in paragraph 31 hereof is incorporated herein
by reference as if set forth in its entirety.
35. Admitted in part and denied in part. While it is admitted that Pennsylvania
statutory law provides for specific remedies in the case of an insurer who has acted in bad
faith, it is specifically denied that Defendants acted in bad faith in this case as more fully
set forth in the first 34 paragraphs of this Answer and New Matter.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs.
NEW MATTER
36. The answers contained at paragraphs 1 through 35 hereof are incorporated
herein by reference as if set forth in their entirety.
37. Plaintiffs' claim against Defendants for punitive damages violates the
Constitutions of the United States of America and the Commonwealth of Pennsylvania.
8
38. Plaintiffs' claims, if any, are or may be barred by the affirmative defenses of
estoppel and/or failure of consideration.
39. Plaintiffs' claim for breach of contract is barred by the express, clear and
unambiguous provisions of the Policy.
40. Plaintiffs' claims fail to state a cause of action upon which relief may be
granted.
41. The insurance Policy issued by the Erie governs the claims of Plaintiffs for
any loss allegedly arising out of the occurrence set forth in Plaintiffs' Complaint.
42. The Policy includes various exclusions and provisions which control the
coverage, if any, to which Plaintiffs may be entitled.
43. Plaintiff has failed to file suit within one (1) year of the date of loss, which
is a specific requirement of the Policy.
44. Accordingly, any claim brought against the Erie has been brought by
Plaintiffs despite their failure to comply with all applicable provisions of the Policy.
45. Any claim against the Erie or the other Defendants has been waived by
Plaintiffs or otherwise barred for failure to comply with all applicable Policy provisions.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs.
By:
�r 11S EDELSTEIN
Date: ( 1 B Y
S - ` EN . BANKO, JR.
Counsel for Defendants
9
VERIFICATION
I, Deborah Enck, Property Claim Supervisor, Erie Insurance Exchange, have
read the foregoing Answer and New Matter to Plaintiffs'Complaint. The factual statements
contained therein are known by me and are true and correct to the best of my knowledge,
information and belief.
This statement and verification is made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if
I knowingly make false averments, I may be subject to criminal penalties.
Date.j!9),e",-,/1 .. -5
Ms. �
Deborah Enck
Erie Insurance Exchange
Niwtwo
I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all
counsel of record by placing the same in the United States mail at Camp Hill,
Pennsylvania, first-class postage prepaid, on the / mday of ,(.,/,(
2013, and addressed as follows:
Jesse L. Pleet, Esquire
Law Offices of Jesse L. Pleet, P.C.
920 Penn Avenue
Wyomissing, PA 19610
(Counsel for Plaintiffs)
MARGOLIS EDELSTEIN
By: £Q G( /67. (y. e2
Angela M. Gayman, L gal Assistant
s
KEVIN ROGOWICZ AND VANESSA IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs CIVIL ACTION - LAW
�
vs. Mco
No. 13-13 71
ERIE INSURANCE PROPERTY AND
CASUALTY COMPANY, a/k/a ERIE zC:' r
7>c--) =
INSURANCE GROUP, a/k/a ERIE ASSIGNED TO HONORABLE: zo Q ,
INSURANCE EXCHANGE, ' Y
Defendant JURY TRIAL DEMANDED— 12 JUROR
PLAINTIFFS' REPLY TO NEW MATTER
36. The Plaintiffs incorporate paragraphs 1 through 35, inclusive, of their Complaint
as if textually set forth at length herein.
37. Denied. The statutory provisions regarding the Bad Faith Statute have been
reviewed by the courts with the punitive damages provision affirmed by the courts.
38. Denied. Erie admits in its Answer that a policy of insurance was in force and
effect on the date of loss. The plaintiffs also attached a copy the entire policy with the "Ultra
Cover HomeProtector Insurance Policy" at Exhibit"A" to Plaintiffs' Complaint; and a copy of
the applicable insurance Declarations effective September 30, 2010 at Exhibit`B" to Plaintiffs'
Complaint. Accordingly, this averment appears specious and unsupportable given the
admissions by Erie in its Answer to the Complaint.
39. Denied. This averment constitutes a conclusion of law to which no responsive
pleading is required.
40. Denied. The Plaintiffs have filed a breach of contract action. Erie has answered
that without filing Preliminary Objections to challenge the legal sufficiency of the Complaint or
v
r
demurring to any of its content with a motion to strike to the extent a cause of action has not
been set forth. Accordingly, this averment is specious and unsupportable.
41. Admitted in part and denied in part. It is admitted that the insurance policy is a
controlling document in connection with Plaintiffs' claims; however, Erie is also bound under
the Doctrine of Clean Hands and required by the legislature, Insurance Commissioner,
Pennsylvania Insurance Department, and the courts to treat its policyholders in good faith.
Accordingly, this averment constitutes as a legal conclusion to be decided by the Trial Court in
due course.
42. Admitted in part and denied in part. It is admitted that the insurance policy
provides various exclusions and provisions that control coverage to which Plaintiffs may be
entitled; however, it is not the only source of control in connection with Plaintiffs' claims. The
behavior of Erie in connection with processing the Plaintiffs' claims is at issue given the bad
faith Plaintiffs believe has been exhibited by Erie's response to their application for benefits.
43. Denied. Although there is a proposed requirement in the Policy to proceed with
litigation within one (1)year of the date of loss, that provision is contingent upon Erie complying
with the Unfair Claims Settlement Practices Act by giving the policyholders written notice at
least thirty days that the time limit may be expiring which may affect their rights. See 31 Pa.
Code 146.7(e). Erie never gave written notice, nor verbal warning, to the Plaintiffs that the time
limit within which the Erie policy required suit be brought was approaching, even after Plaintiffs
filed suit in Magisterial District Court after one (1) year of the date of loss. By way of further
reply, Erie never raised a statute of limitations defense at the Magisterial District Court hearing.
Plaintiffs aver that Erie has waived any statute of limitations defense by its conduct.
Notwithstanding, Plaintiffs have otherwise filed suit within a four-year statute of limitations
2
n
applicable to contract claims in the Commonwealth of Pennsylvania. By way of further reply the
one (1) year statute of limitations set forth in Plaintiffs' Complaint would not apply to bad faith
claims, which carry a two (2)year statute of limitations. See Ash v. Continental Insurance
Company, 593 Pa. 523, 932 A.2d 877 (Pa. 2007).
44. Denied. This averment constitutes a self-serving statement by Erie and does not
require a responsive pleading. To the extent a responsive pleading is required then the Plaintiffs
have complied with all applicable provisions of the policy pertaining to notice of loss and proof
of claim notwithstanding Erie's waived reference to a one (1) year statute of limitations defense
discussed supra.
45. Denied. Plaintiffs incorporate their Complaint as if textually set forth at length
herein. By way of further Answer, these averments constitute conclusions of law to which no
responsive pleading is required.
LAW OFFICES OF JESSE L. PLEET, P.C.
J sse . Pleet, Esquire
Alt6rney for Plaintiffs
920 Penn Avenue
Wyomissing, PA 19610
Phone: (610) 373-8570
Attorney I.D.# 34783
3
KEVIN ROGOWICZ AND VANESSA IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs CIVIL ACTION- LAW
vs.
No. 13-1371
ERIE INSURANCE PROPERTY AND
CASUALTY COMPANY, a/k/a ERIE
INSURANCE GROUP, a/k/a ERIE ASSIGNED TO HONORABLE:
INSURANCE EXCHANGE,
Defendant JURY TRIAL DEMANDED— 12 JURORS
VERIFICATION
The undersigned, having read the attached Plaintiffs' Reply to Defendants' New Matter,hereby
verifies that the attached answers are based on information furnished to counsel,which information has
been gathered by counsel in the course of this lawsuit. The language of the Reply to New Matter is that
of counsel and not of the undersigned. The undersigned verifies that they have read the attached Reply to
New Matter and that it is true and correct to the best of their information and belief. To the extent that the
contents of the Reply to New Matter are that of counsel,the undersigned have relied upon counsel in
making this Verification.
This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904,relating to unsworn
falsification to authorities.
evin o
es a ogowic.
KEVIN ROGOWICZ AND VANESSA IN THE COURT OF COMMON PLEAS OF
ROGOWICZ, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs CIVIL ACTION - LAW
vs. :
No. 13-1371
ERIE INSURANCE PROPERTY AND
CASUALTY COMPANY, a/k/a ERIE
INSURANCE GROUP, a/k/a ERIE ASSIGNED TO HONORABLE:
INSURANCE EXCHANGE,
Defendant JURY TRIAL DEMANDED— 12 JURORS
CERTIFICATE OF SERVICE
I, Jesse L. Pleet, Esquire, attorney for Plaintiffs, certify that on May , 2013,
Plaintiffs' Reply to New Matter was served upon the following party by first class mail, postage
prepaid:
Stephen L. Banko, Jr., Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
This Certificate is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
LAW OFFICES OF JESSE L. PLEET, P.C.
— — rl—D�
J sse . Pleet, Esquire
A ey for Plaintiffs
920 Penn Avenue
Wyomissing, PA 19610
Phone: 610-373-8570
Attorney I.D.# 34783
KEVIN ROGOWICZ AND VANESSA IN THE COURT OF COMMON PLE& ( '
ROGOWICZ, CUMBERLAND COUNTY,PENNSA$�A r i=
Plaintiffs CIVIL ACTION-LAW F`' r
vs.
No. 13-1371
ERIE INSURANCE PROPERTY AND z CD �a
CASUALTY COMPANY, a/k/a ERIE �' c
INSURANCE GROUP, a/k/a ERIE
INSURANCE EXCHANGE,
Defendant . JURY TRIAL DEMANDED— 12 JURORS
CERTIFICATE OF SERVICE
I, Jesse L. Pleet, Esquire, attorney for Plaintiffs, certify that on May
Plaintiff's Answers to Defendant's Interrogatories and Request for Production of Documents
were served upon the following party by first class mail,postage prepaid:
Stephen L. Banko, Jr., Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
This Certificate is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
LAW ICES OF J SSE L. PLEET, P.C.
Jes e . Pleet, Esquire
Att ey for Plaintiffs
920 Penn Avenue
Wyomissing, PA 19610
Phone: 610-373-8570
Attorney I.D.# 34783
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
KEVIN ROGOWICZ AND
VANESSA ROGOWICZ, DOCKET NO. 13-1371 cw
C
Plaintiffs rn n-
CIVIL ACTION - LAW �Em .-< 1_0��
V. "' .' Ica CD
ERIE INSURANCE PROPERTY AND JURY TRIAL DEMANDED I>C-)
C?S:.1A1_7Y ,CMc ANY ar la ERIE
i
INSURANCE GROUP a/k/a ERIE
INSURANCE EXCHANGE,
Defendants
s,.-fy itk.'�'�t'tt,}�,sib:-�,��r,c^f5°� ?4t a w .f �: rC✓j#x+ ?7" �H" }: ';l2 i�S*. ri�.. rS� }�}�. wrks r Y � f_ !f� �(�.4# S� -y'.$�4;
?C"_ +-3w!.lt•!A�. Tf'�✓' + lt3 �:. ,l.� �� +. `�C a� 4 1 3.taW i 7 VdvL v Y 4.�?r'�,*^-v>�ar,t
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above-captioned action as settled and discontinued with prejudice.
LA OFFICES OF JESSE L. PLEET, P.C.
Date: ------ By:
Joez G1 t-e L. 'Plee{, Esqui e
orney for Plaintiffs
920 Penn Avenue
Wyomissing, PA 19610
(610) 373-8670
Attorney I.D. # 34783