If someone asks you what a fence is, the image that springs to mind would probably involve posts and boards or pickets, barbed wire, or chain link. But you would have a definite image of a fence. So when a subscriber recently asked me the difference between a fence and a wall, my first reaction was that a fence is a fence—you just know it when you see it. That, however, doesn't really hold up in court.
The subscriber stated: “An issue that seems to come up frequently involves fences and walls. Fences are not covered property under the CP 00 10 except for certain named perils under the coverage extensions. Since neither is defined under the policy, there appears to be differences of opinion even within my company on what is covered and what is not. It would be nice if the form discussed both fences and walls.”
The ISO form is silent on what constitutes a fence and what makes it different from a wall. The property not covered section lists fences located outside of buildings as not covered. Retaining walls that are not part of a building are also listed as property not covered. However, no other walls are specified. Could what I would think of as a wall that is built around a garden, for example, be considered a fence and therefore be excluded?
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