Insurance — property insurance — vacancy clause

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Wisconsin Court of Appeals

Civil

Insurance — property insurance — vacancy clause

Where the insured property was vacant for more than 60 days, the insurer is not liable for damages excluded by the vacancy clause.

“Here, the noncoverage exists by the terms of the vacancy provision and not by any breach or violation by the property owner. Vacancy is not prohibited by the policy. Quite the opposite: the vacancy provision specifically accounts for the possibility that the buildings might become vacant, but excludes loss or damage caused by various perils, including water damage, vandalism and theft, if the vacancy continues for more than sixty days. As defined in the policy, a building is vacant when less than thirty-one percent of the total space is rented and used. The denial of coverage is based on the condition of the building, and not because of any breach or violation of a policy obligation or prohibition by the property owner.”

Affirmed.

Recommended for publication in the official reports.

2012AP912 Waterstone Bank, SSB, v. American Family Mut. Ins. Co.

Dist. II, Waukesha County, Hassin, J., Neubauer, J.

Attorneys: For Appellant: Riordan, Christopher P., Milwaukee; For Respondent: Silver, Patryk, Madison