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November 4, 2006

 This question is not in relation to a specific claim, however, we have encountered this situation on occasion and are curious as to how FC&S views the issue.

The issue is Additional Living Expense or Loss of Use coverage in relation to homeowner's claims. The question is when does a home become truly uninhabitable? We have had policyholders indicate that since they were unable to use their kitchen, they could not live in the home; or if they do not have air conditioning they are not able to live in the home, and so forth.

Just curious on what FC&S has to say on this subject.

Ohio Subscriber

The HO 00 03 10 00 states that Additional Living Expense is available when a covered loss makes the residence “not fit to live in” but does not define that phrase. That leaves it open for broad interpretation in the insured's favor.

 Merriam Webster Online defines “fit” as: 1b.acceptable from a particular viewpoint, 2a. put into a suitable state: made ready; get the house fit for company. Therefore, application is on a case-by-case basis. If the outdoor temperature is 72 degrees and the insureds kept the air conditioning at that temperature, it may be reasonable to consider that dwelling fit to live in; however for an insured with allergies, asthma, or other breathing conditions, living without air conditioning may not be an option for them, regardless of the outside temperature.

 For the insureds that cannot use their kitchen, it may be reasonable in most cases to pay for their meals; however if there are medications that must be kept refrigerated and accessible, or certain dietary restrictions, the inability to use the kitchen may make it necessary for the family to temporarily live elsewhere. An efficiency apartment where a large family with small children can cook may be easier on the insureds and less expensive for the company in the long run than providing meals for the family and having them stay in the house.

 The policy is designed to allow the insureds to maintain their normal standard of living; Webster defines “normal” as: b: conforming to a type, standard, or regular pattern. If there are no dietary restrictions or medication issues, it is reasonable for an adult couple or a small family to have their meals paid for as additional living expense while they stay in the house while the kitchen is being repaired. That may not be exactly their “normal” standard of living, but the rest of the house is habitable; if they can sleep, watch TV, do laundry, take showers, and perform most other daily functions, it is not unreasonable for them to stay in the home and eat out.

 A balance between any extenuating circumstances and common sense is how additional living expense situations should be handled. The policy provides very broad coverage for the insured.

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