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Definition of Vacancy

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jackc21

Junior Member
What is the name of your state (only U.S. law)? Florida

Dp3 policy. Condo. Tenants evicted in Dec 07. It took 6 months to restore unit. Painted in June. Owner las visited June 28, Utilities were on. Sister came to do final clean on unit July 4 and utilities were off.
Jul 28 experienced water damage from AC leak from unit above. within 24 hours mitigated damage. Drywall removed, carpet removed.
No mold damage. (shows timely mitigation)
Insurer denied based on unit vacant for more than 30 days.
What is definition of vacancy when insured working on unit, albeit slowly, to return to rental pool.?
Insurer refuses to reconsider.
 


Zigner

Senior Member, Non-Attorney
I think 6 months with nobody living there pretty much meets the definition of a "vacant" rental unit...
 

JustAPal00

Senior Member
What is the name of your state (only U.S. law)? Florida

Dp3 policy. Condo. Tenants evicted in Dec 07. It took 6 months to restore unit. Painted in June. Owner las visited June 28, Utilities were on. Sister came to do final clean on unit July 4 and utilities were off.
Jul 28 experienced water damage from AC leak from unit above. within 24 hours mitigated damage. Drywall removed, carpet removed.
No mold damage. (shows timely mitigation)
Insurer denied based on unit vacant for more than 30 days.
What is definition of vacancy when insured working on unit, albeit slowly, to return to rental pool.?
Insurer refuses to reconsider.
As an insurance inspector, I would consider it vacant if no one is sleeping there at night. If you have workers there every day, but they leave and go home at night, it is vacant.
 

moburkes

Senior Member
Same answer as the others. If this is a rental, and you weren't receiving rent, then it was vacant. They expect 30 day vacancies. They might even be lenient on the 30 days, but 6 months ain't even close. Anything that takes 6 months to "restore" was either fully renovated or in completely horrible condition. Either risk, the insurance company isn't interested.
 

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