IIABL 2022 May Louisiana Agent Newsletter

Page 42

HOW VACANT IS VACANT? But What if it's NOT Vacant? Vacant land, or what qualifies as vacant land in the homeowners' policy, is a common question for the VU. Two recent "Ask an Expert" questions specific to vacant land indicated the need to address the question again. So, what is vacant land? Unfortunately, there is no definition of vacant and the courts don't always agree. Essentially, vacant land is land "in its natural state." In essence, land is vacant when it is untouched and with no man-made improvements, additions (such as fences) or uses (such as for growing crops or cutting timber). The existence of trees is land in its natural state, unless there is a business exposure (including selling the timber). Here are links to a couple more VU articles on this topic: What is "Vacant Land"? Vacant Land But what if the land isn't vacant as described above, does that automatically mean there is no coverage if the location isn't specifically listed on the policy? Let's look. The definition of "Insured location" includes a coverage extensions for premises away from the residence premises that requires review. Definition "6.c." applies to: "c. Any premises used by you in connection with a premises described in a. and b. above;" Many explain "6.c." as a provision that extends coverage to locations such as self-storage facilities – which it does; but is that the sole use of this coverage extension? The first phrase is "any premises." Property (premises) not located adjacent to the insured's "residence premises" but used in connection with the residence premises qualifies as "any premises." If the insured has storage buildings and other such structures on that land, and

Chris Boggs Last Updated March 31, 2017


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IIABL 2022 May Louisiana Agent Newsletter by Independent Insurance Agents & Brokers of Louisiana - Issuu