Can an insurance company deny a claim because a damaged home is not occupied?

If I move out of the house after making a claim on my homeowner’s insurance (for example, roof or water damage, etc.), can the insurance company deny or withhold the claim fund “because the house is not occupied”? The damage occured while I was living at the house and the house is to be rented out.

Asked on June 2, 2012 under Insurance Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An insurance policy is a contract--both parties (homeowner and insurer) are bound by its terms. The insurer may deny claims if and only to the extent they may do under the terms of the policy. To answer your question, you need to review the policy in detail, so see what your obligations are post-claim. If you are unsure how to interpret the policy or what your obligations are, bring the policy to an attorney who can review its specific language with you.

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