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FOR COVERAGE TO EXIST ON A HOMEOWNERS POLICY THE INSURED MUST RESIDE AT \\nTHE RESIDENCE\\n\\nPost 4700\\n\\nThe USDC was asked to grant dueling motions for summary judgment: (1) \\nMotion for Summary Judgment filed by Defendant Nationwide Mutual Fire \\nInsurance Company (\\u201cNationwide\\u201d); and (2) Motion for Partial Summary \\nJudgment filed by Plaintiff Maurice Heh, substituted by Perry Rutter and\\n Mary Jane Urbanec, Executor and Executrix of Heh\'s Estate (hereinafter \\ncollectively referred to as \\u201cHeh\\u201d).\\n\\nIn Perry Rutter And Mary Jane Urbanec, Executor And Executrix Of The \\nEstate Of Maurice Heh, Deceased v. Nationwide Mutual Fire Insurance \\nCompany, Civil Action No. 20-1581, United States District Court, W.D. \\nPennsylvania (December 22, 2023) the USDC resolved the dueling motions.\\n\\nBACKGROUND\\n\\nHeh owned a home at 206 Parklane Drive in Braddock, Pennsylvania. At all\\n times relevant to this case, Nationwide insured the risks of loss to \\nthe structure and contents of the home.\\n\\nNATIONWIDE INSURANCE POLICY\\n\\nHeh\'s Nationwide Homeowner Policy names Heh as the insured and lists the\\n Property on its Declarations under \\u201cResidence Premises Information.\\u201d At\\n Page A1 of the Policy, under \\u201cInsuring agreement,\\u201d Nationwide avers \\nthat coverage is contingent on \\u201ccompliance with all the policy \\nprovisions.\\u201d Coverage A (Dwelling) is described as coverage of \\u201c[t]he \\ndwelling on the residence premises used mainly as your private \\nresidence, including attached structures and attached wall-to-wall \\ncarpeting.\\u201d Coverage C (Personal Property) is described as the coverage \\nof \\u201cpersonal property owned or used by an insured at the residence \\npremises.\\u201d\\n\\nThe term \\u201cresidence premises\\u201d is defined as the \\u201cone, two, three or \\nfour-family dwelling, other structures and grounds located at the \\nmailing address shown on the Declarations unless otherwise indicated.\\u201d\\n\\nTHE PROPERTY\\n\\nHeh purchased the Property in 1990 and resided there with his wife until\\n her passing. On January 1, 2019, Heh agreed to rent the Property and he\\n and tenants entered a leasing agreement. There were indicia in the \\nrecord that the agreement between Heh and his tenants provided for the \\npossibility that the tenants would rent to own. There were also indicia \\nin the record that Heh included his furniture-either for the tenants\' \\nuse during their occupancy or for the tenants to own-in the agreement.\\n\\nAfter Heh leased the Property he moved to Point Pleasant Retirement \\nCommunity. Once he moved into Point Pleasant, it is undisputed that Heh \\ndid not at any point move back to the Property.\\n\\nFIRE AT THE PROPERTY\\n\\nOn February 3, 2020, before the tenants had fully moved out of the \\nProperty, there was a fire that resulted in significant physical damage \\nto Heh\'s home and the personal property inside of it.\\xa0 \\n\\nHeh sued Nationwide and alleged that an adjuster had determined that the\\n loss caused by the fire resulted in damages over the Policy limit of \\n$172,400.00.\\n\\nDISCUSSION\\nNationwide established that there was no factual debate about whether Heh was living at the Property.\\nCoverage A (Dwelling

Nationwide\'s Motion for Summary Judgment was granted and Heh\'s Motion \\nfor Partial Summary Judgment was denied.\\n\\nZALMA OPINION\\n\\nAnyone who reads a homeowners policy - as did the USDC - will see that \\nit only provides coverage if the insured actually lives at the property \\nthat is the subject of the insurance. Heh left the residence and moved \\ninto a retirement facility. He did not tell his insurer of his move or \\nattempt to obtain coverage for the property as a rental property that is\\n commonly available. As a result of his decision to move Mr. Heh paid \\nfor insurance that provided no coverage for the loss to the property \\nalthough it did provide liability coverage.\\xa0 I, as was the court, am not\\n unsympathetic to the loss incurred by Mr. Heh, he has no one to blame \\nfor his loss but himself.\\n\\n(c) 2023 Barry Zalma & ClaimSchool, Inc.\\n\\n\\nGo to the Insurance Claims Library \\u2013 \\nhttp://zalma.com/blog/insurance-claims-library.