Aylward v. Federal Emergency Management Agency
The Standard Flood Insurance Policy excludes detached garages “used for or held for residential (i.e., dwelling) ... purposes.” Even though the upper level of plaintiffs’ detached garage contained a bathroom, kitchen and living room, and even though the local tax office classified the garage as a residential structure, since water and sewage lines had not been connected to the garage apartment at the time of the flood, and the heating and cooling were not working, the garage lacked the present potential for residential use when the flood occurred. Consequently, defendant improperly denied plaintiffs’ claim for damages regarding the garage.
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