Nationwide Prop. Cas. Ins. Co. v. Kavanaugh, 2013 Ohio App. LEXIS 4941 (Ohio Ct. App. 10/25/13)

Coverage precluded because insured did not “reside” in home.

The insured was advised that to qualify for the owner-occupied homeowners insurance she wanted, she had to reside at the property. Following an arson fire, the insurer conducted an investigation and determined that the property was vacant for one or two months prior to the fire and that the electricity and natural gas had been shut off. The insured never used the residence as her permanent address, she no longer occasionally spent the night and she did not keep everyday personal items there. Therefore, the residency requirements were not met, even under Ohio’s broad interpretations of “reside,” and the insured was not entitled to coverage under the policy.

 

Case Law Alert, 1st Quarter 2014