established by the evidence in the record is between Dr. Chapital and Kelleher. 10 . Both Citizens and Kelleher represented that until the fire and theft claims were reported, they were unaware that the Property had been vacant since Hurricane Katrina. Kelleher presented the deposition testimony of its customer service representative, Kathleen Zammit; Ms. Zammit testified that until the theft and fire claims were reported, Kelle-her was unaware that the Property was vacant. 11 . Moreover, as noted earlier, Citizens, in its July 25, 2011 letter rejecting the fire claim, expressly reserved its rights under the Policy. Citizens thus did not waive the coverage defense of the 60-day vacancy period. See Step-tore v. Masco Const. Co., Inc., 93-2064, p. 4 (La.8/18/94), 643 So.2d 1213, 1216 (<HOLDING>). 12 . In Vagelos v. Abramson, 12-1235, pp.
holding that in order expressly to waive consideration of a legal provision the appellant must first possess a right he must have knowledge of that right and he must intend voluntarily and freely to relinquish or surrender that right holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act holding that a court of appeals may only do so when an appeal has been raised by an existing party to the case holding that wjaiver occurs when there is an existing right a knowledge of its existence and an actual intention to relinquish it or conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that it has been relinquished holding that a waiver of right occurs only when one in possession of a right with full knowledge of the material facts does or forebears the doing of something inconsistent with the exercise of the right