Vacancy exclusion in a homeowners policy; estoppel and written-waiver requirement
American Mutual Fire Insurance Co. v. Durrence, 872 F.2d 378 (11th Cir. 1989)
Edition and licensing notes
Publisher. U.S. Court of Appeals, Eleventh Circuit (Florida, Georgia, Alabama) (opinion text via law.resource.org)
Edition. 872 F.2d 378 (1989); retrieved 2026-09-29
Status. Judicial opinion of a United States court of appeals: a work of the U.S. government / government edict, public domain.
What this document is
American Mutual Fire Insurance Co. v. Durrence, 872 F.2d 378 (11th Cir. 1989) - vacancy exclusion in a homeowners policy; estoppel and written-waiver requirement is a reference published by U.S. Court of Appeals, Eleventh Circuit (Florida, Georgia, Alabama) (opinion text via law.resource.org). It is one of the documents that insurance license exam questions are written from, including claims adjuster practice questions. This page summarizes it and points to the official version, which is the text to rely on.
Sections cited in practice questions
Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.
- American Mutual Fire Ins. Co. v. Durrence, 872 F.2d 378 (11th Cir. 1989) (meaning of vacant)
“The house lacked amenities minimally necessary for human habitation and thus would reasonably be considered "vacant."”
- American Mutual Fire Ins. Co. v. Durrence, 872 F.2d 378 (11th Cir. 1989) (estoppel)
“When the insurer has not retained possession of the policy, oral assurances of waiving policy terms do not estop the insurer from relying on the defense of a written-waiver requirement.”
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