In Aetna Casualty & Sur. Co. v. Transamerica Title Ins. Co.(1970) 29 Colo.App. 87 480 P.2d 585, a building was occupied by two business tenants when it was damaged by fire. ( Id. at pp. 585-586.) Due to the fire damage, tenants were unable to occupy the building. ( Id. at p. 586.) While the building was being reconstructed, vandalism occurred. (Ibid.) The insurance company denied coverage on the basis that the building was unoccupied for more than 30 days even though the policy contained an exception to the vacancy clause that stated " 'a building in process of construction shall not be deemed vacant.' " (Ibid.) The court held that the vacancy clause did not come into effect because the building itself was not able to be occupied. ( Id. at pp. 586-587.)