FACTS

Windstorm caused a tree to fall onto the insured's travel trailer which was being stored at the insured location. At the time of loss, it was not attached to a motor vehicle.

POLICY: Dwelling

STATE OF LOSS: CA

Based on our specific policy language, would the insured's travel trailer be considered personal property and potentially covered for the wind damage? Or would a travel trailer (see photo) not be considered "property usual to the occupancy as a dwelling" and excluded from coverage?

California Subscriber

A travel trailer is better defined as a motor vehicle or conveyance rather than something usual to the occupancy of the property as a dwelling; it travels on the road, has wheels, and is towed by a vehicle. It may require registration, depending on the state. Therefore I would consider it a motor vehicle and exclude it as such.

Since you asked, let's work through what is property usual to the occupancy as a dwelling. I'm going to start with the definitions from Merriam-Webster online – courts will turn to a desk reference when terms aren't defined. Usual is defined as accordant with usage, custom, or habit: Normal, found in ordinary practice or in the ordinary course of events. Occupancy is defined as the fact or condition of holding, possessing, or residing in or on something; the fact or condition of being occupied, or the use to which a property is put. Putting the two ideas together, something usual to the occupancy of the dwelling would be items like furniture, utensils, bedding, washers/dryers and other appliances, clothing, and food.

A travel trailer is not usual to the occupancy of a dwelling – it is not put inside the dwelling nor typically found in most dwellings – most dwellings have certain appliances and furniture that make them usable as a dwelling. A travel trailer does not allow one to live inside the dwelling – you can live in the trailer, but that can occur at any location, and if you want to live in the dwelling you are likely still going to need to have some appliances, furniture and other housewares in order to make it liveable; a travel trailer does not help in that regard.

Christine G. Barlow, CPCU

Christine G. Barlow, CPCU

Christine G. Barlow, CPCU, is Executive Editor of FC&S Expert Coverage Interpretation, a division of National Underwriter Company and ALM. Christine has over thirty years’ experience in the insurance industry, beginning as a claims adjuster then working as an underwriter and underwriting supervisor handling personal lines. Christine regularly presents and moderates webinars on a variety of topics and is an experienced presenter.  

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