Universal Property & Casualty Insurance Company v. Jorge O. Gonzalez-Perez
A homeowner sought declaratory relief for vandalism coverage on a Miami property he had rented out and did not occupy at the time of the loss, though the tenants had vacated and he intended to move back in. A jury found for the insured, but the Third District reversed, holding that under Arguelles the undefined term "reside" in the policy's "residence premises" definition unambiguously requires actual occupancy at the time of loss, so the insurer was entitled to a directed verdict.
Key facts
- Jorge O. Gonzalez-Perez, a homeowner, owned a Miami property he had rented to tenants; the tenants vacated and he intended to move back into the property, but at the time of vandalism damage, he and his family were living elsewhere.
- Gonzalez-Perez sought declaratory relief claiming vandalism coverage under his homeowner's insurance policy from Universal Property & Casualty Insurance Company.
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Why it matters
The opinion extends Arguelles beyond the tenant-occupied scenario, confirming that even a vacant former rental the insured is preparing to reoccupy is not a "residence premises" if the insured is actually living… — full analysis with a trial
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