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Fences, Walls, and Barriers in Between

A fence and a wall display key differences when it comes to policy language interpretation.

By Susan Massmann | Updated on November 30, 2012
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? 

Materials and MeaningsSince the terms are not defined, we look to their common, everyday meaning. According to Merriam-Webster Online, a fence is “a barrier intended to prevent escape or intrusion or to mark a boundary; especially such a barrier made of posts and wire or boards.” A wall is “1a: a high, thick masonry structure forming a long rampart or an enclosure chiefly for defense —often used in plural; b: a masonry fence around a garden, park or estate; c: a structure that serves to hold back pressure (as of water or sliding earth); 2: one of the sides of a room or building connecting floor and ceiling or foundation and roof; 3: the side of a footpath next to buildings.” 

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