In a multi-family dwelling one unit was unoccupied & vacant for in excess of 60 days; the 2nd unit was vacated approximately 1 week before the loss. The vandals caused damage (vandalism/malicious mischief) to both units. Is the vandalism exclusion applicable to the 1st unit? Since the entire "building" was not vacant for in excess of 60 days- coverage should be applicable to all damages. Or, worded another way- if tenants were in the 2nd unit & vandalism damage was sustained in the 1st unit (vacant for in excess of 60 days) does the vacancy limitation apply?

Kentucky Subscriber

This is easier than it seems at first glance. The vandalism exclusion applies if the dwelling has been vacant for more than 60 days. The definition of residence premises states that the 2, 3, or 4 family dwelling where the named insured resides in one of the units is a residence premises. Therefore, even though the building is divided into separate living units, the entire structure is the dwelling. Therefore, since the entire dwelling wasn't vacant, coverage applies for both units.