Residence Premises Defined?
One of our homeowners insureds (on an HO 00 03 10 00) was in a nursing home for nearly five years prior to her death. Her home was unoccupied, but someone checked on it regularly. Soon after she died, the bank handling her affairs contracted with an antique dealer to conduct a sale of her personal property. During the sale, the dealer left a fan running and a fire started.
We denied the claim, contending that she resided in the nursing home prior to her death, so the policy definition of “residence premises” precluded coverage. The agent feels that the dwelling was still her residence, regardless of how long she was in the nursing home.
We would appreciate your comments.
Wisconsin Subscriber
The homeowners policy provides coverage for the dwelling on the “residence premises,” being defined in the policy as the one or two family dwelling where the named insured resides.
According to Webster's Ninth New Collegiate Dictionary, “reside” means “to dwell permanently or continuously.” Since the insured was in a nursing home for five years prior to her death, the home in question was no longer her residence. She still owned it; it just didn't meet the definition of “residence.” Because the home did not meet the definition of residence premises, it did not qualify for homeowners coverage. You were technically correct in denying the claim. (However, in this consumer-driven age, could it be argued that you, the insurer, accepted the premium for five years only to deny coverage for the loss? Unfortunately, the answer may lie with the courts.)
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]