Residence Next to Lake

June 10, 2014

 

The insured premises abuts a lake. The homeowner's insured allowed another, nonresident, to use a personal watercraft (jet-ski). The operator of the personal watercraft ran into a person being towed behind a speed boat on an inner tube. Lifetime injuries were sustained by the tuber. Could the lake be considered 6. Insured location c. “Any premises used by you in connection with a (residence) premises”? I think not, as a lake does not fit the common definition of 'premises,' but I would appreciate your opinion.

Ohio Subscriber

 

Merriam Webster Online defines premises as a building and the area of land that it is on, and Couch on Insurance 3rd edition states that: “The term “premises” as used in such a liability policy contemplates land and permanently affixed structures contained thereon, but generally does not encompass easily movable property” which concurs with your opinion that the water, although used in conjunction with the residence, is not a premises. You also have the issue that the lake may be owned by a public entity such as a park or the county, or multiple residents surrounding the lake. Therefore, there is no coverage.

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