(09-18-2016, 04:27 PM)New Guy Wrote: I believe it is a FACT that a trailer is a "structure" that is "customarily occupied by people." The trailer was frequently "occupied" by Nick, Monroe, Hank and Wu. They met in it, ate in it, discussed cases in it and kept valuable books and artifacts in it. It was far from "gutted" since it was customized for use by a Grimm. If Felix Dietrich had examined the trailer contents it could have easily appraised at above the $100,000 bargain price he quoted Nick for 20 books.
You can contact the property casualty department of your insurance company in the relevant state. There are books they have(the name escapes me, I have not done P/C adjusting since around 1990) that give legal opinion based on precedent in the state that actually defines what occupied means, in the legal sense in that state (see footnote #1) The reason is, if you look at your homeower's agreement you will find that you are only fully covered(in terms of the policy you hold in your hand)when you occupy the property. When you do not occupy the property you may not have coverage or the coverage is diminished. So the need to define the term is of paramount importance to an insurance company when people have multiple homes or have a home up for sale. The key being, the term is defined by the precedent in the state, no only in regard to insurance but in regard to an precedent setting legislation or lawsuits.
In general terms(very general) occupied in the legal sense means you spend a length of time (as in a defined period) that is beyond the casual. So for example, if you have multiple homes you may find out that you are only fully covered for loss if you actually visit the property every 30 or 45 or 90 days and it may stipulate you have to spend the night or stay at least 8 consecutive hours to constitute a visit/stay. On my properties I make it a point to go into the convenience store down the road and buy a soda or something on credit card when I arrive and when I leave, so I create an auditable documentation trail.
My guess is, the trailer would not be considered occupied. But the curious can check as I indicated. I hope that helps those who care make a determination.
Izod
Footnote(s):
#1 In general, except Government programs there are no national insurance policies. Each State Department of Insurance makes demands on insurance companies that force them to alter the terms of their policies per state. And each state interprets key words differently based on legal precedent within that state. That is why it is important to know the interpretation and contract law in each state. Insurers has standardized the types of policies they offer but the specifics vary (in terms of coverage, exclusions, ad policy limits and also the rendering of the state by state language used in the policies. So an HO3 policy in IL is not the the same as an HO3 in CA, nor is an HO3 in IL from Farmers Insurance necessarily the same as an HO3 issued by State Farm within the same state. As an example both must cover cash in the policy by nature of it being an HO3, but one may cover cash up to 100 dollars and anther up to 500 dollars.
Oxford commas are so totally rad!.