A vacancy provision may bar recovery on a claim if your property has been vacant or unoccupied for more than a certain period of time, as specified in your policy. If a loss occurs while your property is vacant you may be prohibited from recovering on the policy.  Typically, the vacancy period of time proscribed by policies ranges between 30-60 days. Depending on how your policy is written this provision may only apply to certain perils.

For example, a vacancy provision may only bar recovery from damage to an unoccupied premise if the property loss was caused by vandalism or malicious mischief. Vandalism is typically defined as malicious destruction or damage of your property. Depending on how your policy is written, this may include coverage from arson, but it ultimately comes down to the contractual language. Another term whose meaning is contingent upon how your policy is written, is what would be considered a "vacant" or "unoccupied property". For example, some insurance policies will consider a property vacant if no business or occupants are using the property, while other policies consider the property occupied if on-going construction is in process. Circumstantial evidence can help you dispute claims of vacancy that your insurer may make.

You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at[email protected].


Botee v. Southern Fidelity Ins. Co., 162 So.3d 183 (5th DCA 2015)

Sunrise Sports Cars, Inc. v. Britamco Underwriters, Inc., 782 So,2d 10009 (4th DCA 2001)

J.P. Gonzalez-Sirgo
J.P. Gonzalez-Sirgo, P.A.
Post A Comment