A Video Explaining the Requirement For Insured To Reside At The Residence Premises

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See the full video at https://youtu.be/nXnfpM-oLxE

The homeowners policy language unambiguously requires that the property at issue be the insured’s “residence premises” for coverage to apply. It does not require that the property be the Insured’s domicile.

The “insured location” was defined in relevant part to mean “the residence premises,” and the “residence premises” was defined to mean the dwelling where the insureds “reside and which is shown as the ‘residence premises’ in the Declarations.” Faced with such clear and unambiguous language, a court is required to enforce the exact language of the policy that unambiguously required the insured to reside at the insured premises at the time of the loss. If the insured resided in a different location there could be no coverage.

A policy’s definition of “residence premises” that specifically requires that the property listed as the insured property be the property where the insured resides. When plaintiffs’ application for homeowners insurance indicated that the home would be occupied by the owners (i.e., plaintiffs) and not a tenant they were required to live there for the coverages promised to apply. Furthermore, as relevant to the circumstances at issue “occupy” means to reside in as an owner or tenant. Because there is no irreconcilable conflict between the provisions the named insured plaintiffs could not establish the existence of an ambiguity in the insurance contract.

Because the “and” in the policy’s definition of residence premises requires more than residence — it also requires the persons insured to live there. That residence requirement is clear and explicit and the plain, ordinary and generally prevailing meaning of the word “reside” requires more than purchasing a home or intending to move into it. The Fifth Circuit concluded that once the insureds repeatedly admitted that they never “resided” at the property the home did not satisfy the policy’s “residence” requirement and was not a covered “residence premises.”  [Geovera Specialty Ins. Co. v. Joachin, 964 F.3d 390 (5th Cir. 2020)]


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and [email protected].

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and [email protected].

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

 




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