Section 4.01. Interpretation and implementation of s. 632.05 (2), Stats.

 

(1)   Scope. Section 632.05 , Stats., and this section apply to policies issued or renewed on or after November 29, 1979, which insure real property owned and occupied by the insured as a dwelling.

(2)   Interpretations.

(a) Seasonal dwellings. A dwelling used seasonally shall be considered as owned and occupied by the insured if it is not rented to a non-owner for any period of time.

(b) Outbuildings. Outbuildings insured under the same policy as an owner-occupied dwelling are not subject to s. 632.05 (2) , Stats.

(c) Mobile homes. Mobile homes as defined in s. 66.0435 (1) (d) , Stats., shall not be considered real property and shall not be subject to the requirements of s. 632.05 (2) , Stats.

(d) Multifamily units. A policy insuring multiple unit residential property, with at least one unit occupied by the owner shall be subject to s. 632.05 (2) , Stats., if there are no more than 4 dwelling units on the property.

(e) Combined commercial and residential properties. A policy insuring real property any part of which is used for commercial (non-dwelling) purposes other than on an incidental basis is not subject to s. 632.05 (2) , Stats.

(g) Property under construction. Section 632.05 (2) , Stats., shall not apply to a policy which insures real property under construction unless the property is completed and is occupied by the owner as a dwelling.

(h) Operation of building laws. Real property owned and occupied by the insured which is partially destroyed but ordered destroyed under a fire ordinance or similar law shall be considered wholly destroyed for purposes of s. 632.05 (2) , Stats.