Visiting Is Not Occupying

March 5, 2014

Our insured owns a home and moved to an apartment in 2011. He does go back to his residence on the weekends. In the fall of 2013, the insured had tenants move into the home. He still goes there on weekends. The home sustained a total fire loss this year. The tenants do pay our insured rent. Does the insured maintain his status as an occupant of the residence?

 

We are dealing with an HO-3.

Michigan Subscriber

While the insured visits the house regularly, it is not his primary residence. He spends the majority of his time at the apartment, so that is his dwelling. The home is not owner occupied, it is not a residence premises and coverage does not apply because the home no longer fits the definition of “residence premises”.