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What does an insurance company consider physically present for home coverage purposes

Asked over 3 years ago - Round Rock, TX

For house insurance coverage purposes, is there a minimum amount of furniture or amount/% of time required to be physically present at a house for it to be legally considered as occupied or lived-in (Texas)? I live in one house, but recently inherited my mother’s house. I will be moving to my mother’s house in 3-4 months, but until then I want to keep the current homeowners insurance in force at both houses — which requires that they not be vacant. If I split my time between both, does anyone know the definitional requirements for a house to be considered occupied?

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Attorney answers (1)

Frank A Selden

Reputation Level 15

Answered over 3 years ago. Estate Planning Attorney in Bellevue, WA.

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The purpose of inhabitation for a homeowners policy is to reduce risk. Uninhabited houses tend to have higher incidents of breakins, broken windows, vandalism. Furniture in the home does not significantly reduce that risk.

Asking your homeowners insurance company could tip them off to your plans but they are the best people to ask if the policy does not clearly define the concept. Companies differ too much. Depending on the size of a potential claim some companies will more aggressively fight the issue than others even if they have the same definition.

One idea you might consider is to check whether the company will not issue a policy for lack of inhabitation or whether that just places you into a higher risk (cost) category. Some companies will continue to cover the house for a 'short' period of time, others will bump your premiums.

If you trigger a claim when the house is not inhabited that does not mean the claim is denied. It might mean, depending on the company, that your claim is pro-rated to the amount owed under that premium for an uninhabited premises (if offered).

Call your agent.

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