Person Living in Unit over Barn

October 26, 2015

I have a standard HO-3 on this risk; the insured is in horse country and has a barn with a living unit above the barn. A longtime friend of the family stays in the living unit, pays his own utilities, and helps take care of the property. He pays no rent, and there is no rental agreement in place. Under coverage B, the policy says it does not cover other structures rented or held for rental. Does the guy living there make the barn considered “rented or held for rental”?

North Carolina Subscriber

You have an interesting question. While the friend lives in the barn and helps take care of the property, it is not a true rental situation. If the friend moved out, it does not sound like the insured would look for a replacement tenant. However, there is an exchange of services, which could be seen as a rental. The policy view of other structures is geared to property used for storage of other property, since rental for private use as a garage is OK, as is the storage of business property as long as no fuel is stored. Ambiguities always are seen to benefit the insured, and this is ambiguous. Check with underwriting and add the HO 04 40, Structures Rented to Others, just to be sure the insured is covered.

 

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