Vacancy Provision at Center of Coverage Dispute

December 10, 2009

Our insured owns and insures several commercial properties that he uses in his business. The insured purchased an additional building on May 19, 2009. That night or the following morning a theft occurred. The building reportedly had been vacant for more than sixty days. Our insured would not have had an opportunity to move any equipment or personal property into the building during the short period between closing on the building and when the theft occurred.
The insured and his shop manager walked the building on May 19 and discussed what doors needed to be rekeyed. The manager called a locksmith that afternoon and was told the locksmith would be coming the following day. Both can testify the wiring and compressor were there when they left the building that afternoon.