Dwelling Fire Policy and Tenant's Carport

Our insured has a standard dwelling fire policy with the premises liability endorsement. The insured's tenant owns a carport which is kept in the yard at the property the insured owns and the tenant rents from the insured. During a windstorm the carport blew into the neighbor's yard causing property damage to a fence and a pool. Would the dwelling fire policy provide property damage liability coverage for the neighbor's damages?

Massachusetts Subscriber

The liability endorsement provides coverage for injury or damage arising out of the ownership, maintenance, occupancy, or use of the scheduled premises. The tenant is renting the home, so is thereby occupying it. If the tenant had not been occupying the home, the carport would not have been there and would not have blown into the neighbor's fence and pool. Therefore, even though the tenant is not the insured, since the tenant is occupying the property and as long as the property is listed on the liability endorsement, there is coverage for the loss.

 

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