February 12, 2013

 A homeowner had a major fire in his million dollar plus home in New Hampshire. He lived for eight months in a local rental.

 He then accepted a job offer in California and has lived in rental homes there. He is trying to sell his New Hampshire home and wants to buy a home in California.

 The policy says that ALE stops when he permanently relocates. 

1.        Additional Living Expense. We will pay the reasonable increase in living expenses necessary to maintain your normal standard of living. Our liability will not exceed the smallest of:

1.     Payment for the shortest time to either repair or replace the residence premises. This period of time

is not limited by the expiration of this policy;

2.     Payment for the shortest time for your household to settle elsewhere, if you permanently relocate.

This period of time is not limited by the expiration of this policy; or

3.     The limit of liability for Loss of Use as specified in the policy Declarations. 

The insurance company states that his move to California constitutes a permanent relocation. I say that, since he has been living in rental homes, this is no different than if he moved to another rental home locally. A permanent relocation would be when he moves to a new home that he purchased.  Assume for this case that the ALE period could extend to a portion of his California rental period. We are only claiming six months in California, not the year plus he has been renting.

Massachusetts Subscriber

Accepting a job in a different state constitutes a permanent relocation. One doesn't have to own a home in order to have a permanent residence; many people live in apartments or rented property for years. The insured relocated when he moved to California. There is no ALE for rentals after the move.

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