BROADCASTS.com

b'

Explaining the Hazards of Failing to Reside in the Dwelling the Risk of  Loss of Which Was Insured   

https://zalma.com/blog

Insurance companies often see disputes relating to the terms \\u201cdomicile\\u201d  and \\u201cresidence\\u201d when dealing with a homeowners policy. It is important,  therefore, that everyone in the business of insurance must understand  the meaning, and application, of the terms to insurance claims and how  they relate to individuals and corporations that are insured or  insurers.  Although a person may have more than one residence, he or she may only  have one domicile at any one time. [Nat\'l Artists Mgmt. Co. v. Weaving,  769 F. Supp. 1224, 1227 (S.D.N.Y. 1991)].  The controlling factor in determining residency, on the other hand, is  intent, as evidenced primarily by the acts, of the person whose  residence is questioned. [Farmers Auto Insurance Ass\'n v. Williams, 213  Ill. App. 3d 310, 314 (2001), Direct Auto Ins. Co. v. Grigsby, 2020 IL  App (1st) 182642-U (Ill. App. 2020).]  In the context of automobile insurance exclusions, residence is  determined on a case-by-case basis using factors such as intent and  relative permanence. [Potter v. State Farm Mut. Auto. Ins. Co., 996 P.2d  781, 783 (Colo. App. 2000); Grippin v. State Farm Mut. Auto. Ins. Co.,  409 P.3d 529 (Colo. App. 2016)]  In Holland v Trinity Health Care Corp, 287 Mich App 524, 527-528; 791  NW2d 724 (2010) the Court defined the verb \\u201creside\\u201d as to dwell  permanently or for a considerable time, to live. In doing so, the Court  expressly explained that the definition of "reside" is not synonymous  with the legal definition of "domicile," which may have a more technical  meaning than intended in the home insurance context under the policy  language at issue. The term \\u201creside\\u201d requires that the insured actually  live at the property.  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\\u2019s 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.  \\xa9 2021 \\u2013 Barry Zalma