April 2015 Archives

You Don't Know What's Covered And Excluded From Your Insurance, Not For Sure

In the Los Angeles case of Ong v. Fire Insurance Exchange, filed on April 3, 2015, the insurance company denied a claim for fire damage, because the home had been vacant for more than 60 days. A vagrant had broken in, brought in a mattress and firewood, and accidentally set fire to the house when his warming fire got out of control. The insurance company cited the vacancy exclusion in the policy, and the trial court agreed, but the Court of Appeal agreed with the homeowner that: "Here, the vacancy exclusion in Plaintiff's policy was limited to 'vandalism and malicious mischief.' Defendant could have listed fire as a risk excluded under a vacancy provision but did not do so."