Middlesex Mutual- includes a Vacancy Clause BP0108 (07/02)  on all their Master Policies. One portion of their vacancy clauses removes fire and lightning after 60 days for 3 or less units and only 30 days for all other premises. The second portion of the vacancy clause is found under policy form BP0003 (07/02) It removes coverage for vandalism, sprinkler leakage, glass, water damage and theft after 60 days. The definition of vacancy for a building owner would be 31% of its total square footage.

 

BusinessOwner Policy                                                                                                                                                                             BP0108 (07/02)

3. If "loss" is caused by fire or lightning, Paragraph E.9 Vacancy Property Loss Condition is replaced by the following:

9. Vacancy or Unoccupancy

If the building where "loss" occurs, whether intended for occupancy by owner or tenant, has been vacant or unoccupied for more than:

a.     60 consecutive days for residential premises of 3 units or less; or

b.    30 consecutive days for all other premises;

immediately before that loss or damage, we will not pay for the loss or damage.

A buildings is vacant when they do not contain enough business personal property to conduct customary operations.

BP0003 (07/02

9. Vacancy

            a. Description of Terms

(1)  As used in the Vacancy Condition, the term building and the term vacant have the meanings set forth and paragraph (a) and (b) below:

(a)   When this policy is issued to a tenant, and with respect to the tenant's

Interest in Covered Property, building means the unit or suite rented or

Leased to the tenant. Such building is vacant when it does not contain

Enough business personal property to conduct customary operations.

(b)   When this policy is issued to the owner or general lessee of the building,

Building means the entire building. Such building is vacant unless at least

31% of its total square footage is:

 (i) Rented to a lessee or sub-lessee and used by the lessee or sub-lessee to conduct its customary operations; and/or

(ii) Used by the building owner to conduct customary operations

(2) Buildings under construction or renovation are not considered vacant.

b. Vacancy Provisions

If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs:

              (1)  We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss:

                   (a)  Vandalism;

                   (b)  Sprinkler leakage, unless you have protected the system against freezing;

                   (c)  Building glass breakage;

                   (d)  Water damage;

                   (e)  Theft; or

                    (f)  Attempted theft.

              (2)  With respect to Covered Causes of Loss other than those listed in (1)(a) through (1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%.