Occupied, Under Construction, or Moving in

 

Our insured purchased a brand new home. The construction was completed by the builder, permits secured, escrow closed, and the keys given to the insured. Before taking up residency, the insured moved some personal property into the house and also hired her brother to tile the fireplace. Thieves broke in and stole our insured's property, as well as the tools of the non-insured/non-resident brother.

 

The theft peril reads in part as follows:

 

SECTION I — COVERAGES

COVERAGE C — PERSONAL PROPERTY

 

We cover personal property owned or used by an insured while it is anywhere in the world. At your request, we will cover personal property owned by others while the property is on that part of the residence premises occupied exclusively by an insured. In addition, we will cover, at your request, personal property owned by a guest or a residence employee, while the property is in a residence occupied by an insured.

 

SECTION I — PERILS INSURED AGAINST

COVERAGE C — PERSONAL PROPERTY

 

We insure for accidental direct physical loss to property described in Coverage C caused by:

 

9. Theft, including attempted theft and loss of property from a known location when it is likely that the property has been stolen.

This peril does not include:

 

b. loss caused by theft:

 

(2) in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is completed and occupied;

Does coverage apply for the insured's personal property, when construction has continued; or, for the brother's tools, when the insured has not moved into the house or taken up actual residency?

 

The theft peril does not cover 'theft in or to a dwelling under construction.' Would this exception to the theft peril apply?

 

 

California Subscriber

 The key word here is occupied; while the dwelling was no longer under construction unless you include the tiling of the fireplace, it wasn't occupied yet either. For a home to be occupied it needs more than a few pieces of furniture/personal property – the owner needs to be living, sleeping, eating, doing laundry, etc. in the home for it to be occupied. Therefore the loss is excluded.

 

 

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