Liability Coverage for a Timeshare under a Homeowners Policy

I have a question regarding time share property. As I understand it, you purchase a block of time at a resort or building that is then reserved for your use as a residence for that specific period of time. Then you have the right to sell that time slot to others if you are not going to use it, or trade the time for another time at that or another location. I believe that whether you own or lease the location, it is still a residence and should be listed on the declarations. If another party using the insured's time slot suffered an injury and sued, I believe there would be no protection under the insured's homeowners if the time-share location was not listed.

May I have your thoughts on this matter?

New Hampshire Subscriber

We agree that the time share location should be listed on the declarations, and the appropriate premium charged. The ISO homeowners definition of an “insured location” is the “residence premises” or “the part of other premises, other structures and grounds used by you as a residence … and which is shown in the Declarations.” Or, an insured location can be “any part of a premises not owned by an insured and where an insured is temporarily residing.” This would encompass, say, a hotel room or a rented lakeside cottage while the insured is temporarily residing there. The matter becomes more difficult when the insured does not own the premises, but owns a block of time associated with the premises.

 

For this reason, we think the safest course is to list the time share location on the declarations, and ask the underwriter to note the file that the location may occasionally change.    

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