Who makes the final decision concerning the dedicated party spots for renters – the insurance company or the landlord?

The transportation I use for work everyday was stolen from in front of my apartment home. I was parked in the designated parking spots provided by my landlord 15 feet from my front door. The insurance company will not pay for all the tools that were in the vehicle when it was stolen. They are telling me where I was parked is not considered part of my residence. There was over $10,000 worth of tools homeowners insurance refuses to pay. What can I do?

Asked on March 17, 2017 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether it is dedicated for your parking only, a parking spot is still not part of your "residence": it is not physically part of the unit wherein you live, sleep, etc. If under the terms of your insurance policy, the insurer will only pay for losses within the residence, then they would not have to pay you in this case. The insurance policy is a contract: the insuer must pay when--but only when--the plain terms of the policy indicate they must.


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