The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for coverage of water damage to her property.
The insurer argued that the policy's vacancy exclusion applied because the plaintiff, who had moved to a retirement home due to cognitive impairment, had no intention of returning.
The court found that the plaintiff lacked the capacity to form an intention to return and that there was no objective plan for her to do so.
The court concluded there was no genuine issue for trial regarding the vacancy exclusion and granted the summary judgment motion, dismissing the action.
