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 Ask the Expert: Suppose a major anchor store is leaving a shopping mall, but several small stores there are still open for business. Is the empty area still considered vacant by insurers? 

 
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Marla Donovan,
Vice President of Product Development
Burns & Wilcox

Yes. And it doesn’t matter whether it’s a major tenant creating the vacancy or one of the smaller ones. Each unoccupied and empty space counts as vacant, and the owner does have liability for it.

This is also true for residential property. If you move out of your condo before you sell it, or you buy it but don’t move in for months, insurers consider it vacant — even though it is surrounded by occupied units.  

Conventional wisdom is that the more isolated a property, the easier it is to vandalize, so you would expect a vacant apartment or store in an otherwise busy area would be relatively safe from intruders. Sometimes, though, the occupied properties draw people who notice the vacancy and vandalize it. So a vacancy is a vacancy.



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    • 10/27/2010 1:45:23 PM
    • Gregg Germanos
    • Vacancy in Shopping Mall
    • Assuming the lessor's policy is using ISO forms or their equivalent, the building is classified as "vacant" if the total occupancy of the structure, including spaces which are designated as leasing or management offices, is less than 31% of the total structure square footage. Certainly, the spaces without tenants are vacant; however the policy definition of "vacancy" and the related penalties should be considered closely. The tenant with a lease in effect on a space which is not furnished with adequate Business Personal Property to conduct their business is deemed to be "vacant" on their policies. Further, the penalty for "vacancy" only activates after 60 or more consecutive days of the defined "vacancy" condition prior to the date of loss. See ISO # CP0010 (04/02). So, it's another insurance topic whose answer should start with "It depends..." Thank you.
    • 10/27/2010 5:45:34 PM
    • Jim Fujioka
    • vacancy versus unoccupied
    • Are you aware, on the residential forms, HO & DF, as if this vacancy versus unoccupied issue is addressed? Every company has it's own reasoning as to whether the dwelling is vacant or unoccupied. I don't want to know after a claim, thus my question about it being addressed in the residential dwelling forms.

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