A man was injured while helping his brother-in-law move a mobile home onto a lot owned by the brother-in-law, who planned to sell the mobile home and lot as a unit. He sued the insurer that carried a homeowners policy on the dwelling in which his brother-in-law lived.

The insurer moved for summary judgment, contending that the lot was not an "insured premises." The trial court granted the motion and the injured man appealed.

The appeal court noted that the homeowners policy defined "insured premises" to include "the residence premises" and, under Section II, "vacant land, other than farmland, owned by or rented to an insured person." It also noted a pertinent exclusion for "....bodily injury or property damage arising out of any premises, other than an insured premises, owned, rented or controlled by an insured person."

The court construed the ordinary meaning of "vacant" to be empty or unoccupied. It said that Florida courts have interpreted the word to mean "devoid of inanimate objects or permanently affixed structures." Accordingly, the accident did not occur on "insured premises." The judgment of the trial court was affirmed in favor of the insurance company and against the claimant.

(FORET ET AL., Plaintiff, Appellant v. LOUISIANA FARM BUREAU CASUALTY INS. CO. ET AL., Defendants, Appellees. Louisiana Court of Appeal, First Circuit. No. 90 CA 1466. June 27, 1991. 582 So.2d 989. CCH 1992 Fire and Casualty Cases, Paragraph 3639.)