§ 3.23 Exclusions - Insured's Absence from Property

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 3.23 Exclusions - Insured's Absence from Property

The South Carolina Supreme Court addressed the operation of a vacancy clause in the insured's policy in Trustees of Erskine College v. Central Mutual Insurance Co.¹³⁸ The clause provided:

Conditions suspending or restricting insurance. Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring -
. . .
(b) While a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty consecutive days.¹³⁹

The insured sought to recover for a claim that one of its dormitories was completely destroyed by fire. The insurer denied the claim contending that the building was no longer being used as a dormitory at the time of the fire and coverage excluded under the policy's exclusion for...