Not Using An Insured Premises Enlarges the Risks Covered by a Policy

In Union Nat'l Bank of Little Rock v. Moriarty, 746 S.W.2d 249 (Tex. App.-Texarkana 1987, writ denied), the insured's failure to use the premises as her residence invalidated or forfeited the policy, the insurer continued coverage and renewals for three years after knowing the insured had moved, and the insured established that she did not know the policy had become invalid. See Moriarty, 746 S.W.2d at 250-51. While waiver and estoppel may operate to avoid a forfeiture of a policy, they may not be used to change, re-write or otherwise enlarge the risks covered by a policy, and may not be used to establish coverage for risks expressly excluded from the policy. See: Texas Farmers Ins. Co. v. McGuire, 744 S.W.2d 601, 603 (Tex. 1988) (op. on reh'g); Washington Nat'l Ins. Co. v. Craddock, 130 Tex. 251, 254-55,109 S.W.2d 165, 166-67 (1937).