Judge: ‘Vacancy Provision’ Does Not Exclude Insured’s Water Damage Claim

Mealey's (February 13, 2017, 10:15 AM EST) -- SCRANTON, Pa. — Because more than 31 percent of an insured condominium development's common areas were in use at the time a loss for water damage occurred, a Pennsylvania federal judge ruled Feb. 10 that an insurance policy’s “Vacancy Provision” does not apply to exclude coverage for the insured’s claim (Village Heights Condominium Association v. The Cincinnati Insurance Co., No. 16-554, M.D. Pa., 2017 U.S. Dist. LEXIS 19425)....