Insurance Law Blog

The vacancy of property generally will not void the coverage automatically upon breach of the vacancy clause.  However, when there is a breach, coverage will generally be suspended so long as the premises continue to be “vacant or unoccupied”. Couch on Insurance, _ 148:73 (citing Knight v. U.S. Fidelity & Guaranty Co., 182 S.E.2d 693 (Ga. App. 1971)).

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Homeowners insurance policies contain a clause titled “Vacancy” or some variation thereof. In fact, the clause is included in Oklahoma’s Standard Fire Insurance Policy, 36 O.S. _ 4803.

The effect of the clause is to avoid coverage for losses incurred during periods where the property is vacant or, under some policies, unoccupied. As with most property insurance policies, Oklahoma’s standard policy provides that coverage will not be lost until the property... Read More