Vacancy is not a defined term in the policy. Therefore, as per court practices, a standard desk reference is used to determine the meaning of the word. According to Merriam Webster Online, vacant is "when something is without content or occupant." Note the fact that the property must be without content. A dwelling with furniture but no occupant is not considered vacant; it is unoccupied. This is a big difference. 

 Packing Lightly

 Let's examine a hypothetical scenario: An insured leaves his home to go on a world tour for six months, thereby leaving his belongings within the dwelling. The dwelling is then vandalized while the insured is away. In this case, the property is covered because the dwelling was not vacant; rather, it was unoccupied. Couch on Insurance 3rd edition concurs, and it states in 94:134 that vacant means entirely empty; if belongings of sufficient value are present to make it reasonable to believe that the insured has not abandoned them, a dwelling is simply unoccupied and not vacant.

 This raises the issue of exactly how much personal property must be left in the dwelling in order for it to be simply unoccupied and not vacant. Do a sofa, a chair, and a few books make a dwelling unoccupied instead of vacant? This is where the situation gets complicated. Working from Couch, it makes sense that in order for a home to be simply unoccupied, there must be sufficient items left in the house for it to be functional as a dwelling. Therefore the sofa, books, and chair are not enough to make the home habitable. If there were a microwave, toaster oven, or mini refrigerator, then that would be a different situation. Cooking appliances along with basic furniture such as a bed or even a sofa could move the property from vacant to simply unoccupied. The ability of the house to be functional as a dwelling is critically important in the determination of whether the house is vacant or unoccupied. 

 Under Construction vs. Renovation

 The policy also states that a home under construction is not considered to be vacant. Similar to vacancy, this seems straightforward until you get into the details. A brand-new house being built is easy: It is new, did not exist before, and contractors are building the structure from the ground up. Property vandalized under these conditions is covered, because, per policy language, the property is not vacant since it is under construction. However, this becomes confusing when the insured begins to renovate the property. 

 Many people incorrectly assume that renovation equals construction because building materials are used; a dwelling may be gutted and new walls may be constructed, a new room or two may be built, and so forth. However, renovation and construction are two different things. Merriam Webster Online defines "renovate" as to restore to a former better state (as by cleaning, repairing, or rebuilding). Construct is defined as to make or form by combining or arranging parts or elements. While renovation may use parts or elements, it is restoring or reconfiguring something, and not creating a new structure from the ground up. Unless the dwelling has been razed, there are parts still standing, even if the insureds have temporarily moved out to facilitate the renovation efforts. Therefore, a dwelling being renovated can be considered to be vacant.

 All That Remains

 Remember, however, that sufficient belongings must be removed in order for this to occur. If the insureds simply move out but have left the furniture, stove, refrigerator, and a bathroom intact, then the property is simply unoccupied, not vacant. For a full renovation where walls are gutted, the kitchen and bath are being remodeled, and the insureds move out and put their belongings in storage, then the property is vacant and there is no coverage for loss by vandalism if it occurs after the 60-day mark. Even if the insured stops by to check on progress, the property is still vacant. Obviously, visiting a property is not the same thing as living in a property.

 When trying to determine whether a property is vacant or simply unoccupied, the following items must be considered:

• How much furniture is in the dwelling, and is it enough to make the property habitable?
• Is enough furniture left so that one cannot make the assumption that the insured has abandoned the property?
• Is the property under construction, being built from the ground up; or is the property being modified by renovations?
• If the property is being renovated, has all furniture been removed, and have the homeowners temporarily moved out of the premises?

 All of these things are important in determining whether a property is vacant or simply unoccupied, and whether or not coverage for vandalism exists if the property has been in that state for more than 60 consecutive days before the date of the loss.