questions & answers

Question: I was living at my father's house with my family lease and rent free. There was a fire and everything was destroyed. He has 20000 in personal property damage coverage. The insurance company is refusing to pay for our belongings because they said he isn't residing there. If he is receiving mail there and has a utility on in his name at that address and the bill is mailed to him at the same address is that considered as him residing there?

Answer: If the insured person does not reside in the home, it could potentially result in the denial in an insurance claim.  According to the Arizona Department of Revenue, “Primary Residence is your one and only main residence where you intend to reside more than nine months of the year. However, you may live in it for less than nine months during a given year and still qualify if you intend to occupy the residence as your primary residence. You can have only one primary residence no matter how many homes you own. If your home is used as a vacation home, rented to a non-qualified family member or if you have a homestead exemption for a home in another state, the listed home cannot qualify as a primary residence. It is normally the home where you reside with your spouse and/or children (if any), where you are registered to vote, that is listed on your driver’s license and near where you work.Qualified Family Members include only a natural or adopted child or grandchild; a stepson or stepdaughter of the owner; the father or mother of the owner, grandparent or great grandparent of the owner; a stepfather or stepmother of the owner; a son-in-law, daughter-in-law, father-in-law or mother-in-law or; natural or adopted brother or sister of the owner.” (See http://mcassessor.maricopa.gov/news/sticky-news/important-information-for-property-owners-in-maricopa-county/ for more information).

This question cannot be answered without knowing more information regarding the insurance policy. For advice specific to your situation please contact an attorney.