The British Columbia Court of Appeal in Coburn
v. Family Insurance Solutions, 2014 BCCA 73,
recently clarified the scope of a vacancy exclusion in a
homeowner's policy, concluding that a house with no one living
in it for more than 30 days is vacant even where:
- the homeowner attends the property daily to conduct
renovations;
- the homeowner sleeps in the house for a night;
- the homeowner has secured prospective tenants; and
- the prospective tenants store personal possessions on the
property.
In Coburn, the homeowners began extensive renovations
to a house they had previously rented to long-term tenants whose
lease had come to an end. While those renovations were underway, no
one lived in the house. The previous tenants had already removed
all their belongings, and they were not going to return. The
homeowners stored a mattress in the garage, but they did not store
any personal items, furnishings or equipment in the home for their
use. The homeowners found
