Roger and Brenda Gomez had secured a homeowners policy from Citation Insurance covering about 175,000 square feet of land which she had inherited from her mother. In March of 1995, Kristine Provencher and a friend were playing in a bunker that was located on the property . Kristine put her left index finger through a padlock holding the bunker door. The second child suddenly pushed the door open, severing the finger. The Provenchers filed a suit against Roger and Brenda Gomez which was still pending at the time of this opinion.

The insureds forwarded the complaint to Citation requesting protection under the policy. Citation filed this action for judgment declaring it had no duty to defend and indemnify its insureds, since its policy covered "vacant" ground and the area in question was not "vacant" since the bunker and radio tower occupied the land. As it turns out, Brenda Gomez's father had built the 100 sq. ft., concrete bunker and a radio tower for use in his trucking business. The entire property and bunker had been abandoned and unused since the late 1960s. The trial court decided Citation had a duty to defend and indemnify its insureds. The company appealed.

The higher court noted the policy did not define "vacant ground." The court concluded that "vacant ground" ordinarily meant land with no structure or building on it. It also decided that "a reasonably intelligent person would understand the term 'vacant land' to mean land that is free of permanently affixed structures" and would conclude that land with an abandoned building on it was not vacant.

In reversing the judgment entered in the trial court, the higher court said that the land in question was not "vacant land" and, therefore, was not an "insured location" covered by the policy. Citation had no duty to defend or indemnify the insureds in the minor's action for damages. The action was remanded to the lower court for entry of judgment in favor of Citation.

Citation Insurance Company v. Brenda Gomez et al.--Supreme Judicial Court of Massachusetts, Essex--January 6, 1998--688 North Eastern Reporter 2d 951.