Insurance coverage Q&A: Artificial turf and trees, shrubs, plants and lawns

PropertyCasualty 360.com editor’s note: Every claim is different, and some insurance policies can be difficult to interpret for unique situations. FC&S Expert Coverage Interpretation, the recognized authority on insurance coverage interpretation and analysis for the P&C industry, makes it simple to find credible answers to your complicated coverage questions.

Reader’s question: Insured had a fire that started in the backyard in California. The policy is with Nationwide. When the insured asked why their artificial turf fell under other structures the response was:

We included the estimate of damage to the artificial turf under coverage B — other structures; as it is installed onto the ground and is considered a part of the hardscape of the yard. The replacement of the artificial turf would not apply to the additional coverage for trees, shrubs and other plants. Because the turf is an artificial material and is not a living shrub or plant, it is not applicable under the additional coverage under the policy. Please see the applicable section from the policy:

3. Additional coverages … 3. trees, shrubs and other plants We cover trees, shrubs, plants or lawns, on the “residence premises,” for loss caused by the following perils insured against: a. fire or lightning;

We believe it should fall under personal property or under this section mentioned above and not other structures.

— California Subscriber

When policy terms aren’t defined, courts turn to a standard desk reference since that is what is available to the average person. Merriam-Webster online defines grass as:  herbage suitable or used for grazing animals 2: Any of a large family (Gramineae synonym Poaceae) of monocotyledonous mostly herbaceous plants with jointed stems, slender sheathing leaves, and flowers borne in spikelets of bracts lawn is defined as: ground (as around a house or in a garden or park) that is covered with grass and is kept mowed.

The policy provides coverage for trees, shrubs, plants or lawns — unfortunately, artificial turf is none of these, it is artificial. If you look at the process for installing artificial turf, several tons of rock are installed first as a base layer and drainage, then the artificial turf is cut and installed to the customer’s specifications. Nothing is living in this arrangement, so it cannot be considered covered under trees, shrubs, or lawns.

But what about personal property? In most cases, personal property is moveable — your furniture, clothes, appliances, televisions, tools, and other items. If the insured were to move he would not take the artificial turn with him — that stays on the property in the same way the patio or wall-to-wall carpet would. In this instance, we agree with the insurer that the artificial turf would be considered an “other structure.” It is more like a patio or deck than anything else.

Reader’s follow-up question

Thank you for the quick response. When I searched on your site for the artificial grass or turf. It pulled up a State Farm claim that specifically listed artificial turf under their lawns etc. portion of the policy. Now I understand each policy is different. I was told by the adjuster that they considered this hardscape and fell under other structures. If you pull that same definition for hardscape it omits artificial turf. If you search soft scape they give examples of artificial plants, and artificial turf.

When you go to Home Depot you look in the flooring department for artificial turf. In addition, the largest flooring company in the USA sells artificial turf in their flooring showrooms.

Do we really dive into the definition of taking it with you? Is it removable, yes. Can it be reused yes. In fact, they sell reused/refurbished turf at a discount. Is it really carpet for yard? Finally, I was told that if it’s not clearly defined in the policy like State Farm from your website, the person who writes the contract can’t define it as well. Thoughts on these points?

— California Subscriber

If a definition doesn’t list something that doesn’t mean that something doesn’t fit; Merriam-Webster defines hardscape as: structures (such as fountains, benches, or gazebos) that are incorporated into a landscape and softscape as: Vegetation (such as shrubs and flowers) that is incorporated into a landscape. But artificial turf is not vegetation — it is not growing, does not grow, and has several tons of gravel underneath. The fact that artificial turf is sold in the flooring department further defines it as a structure, and not trees, shrubs, grass, or lawn.

Your floor doesn’t grow and doesn’t need mowing or trimming, neither does your wall-to-wall carpet. Likewise, few people actually pull up their artificial turf when they move; someone might do it, but generally, it’s sold with the house, the same way the wall-to-wall is. It’s not in general considered a portable piece of property.

Again, many courts have come to the conclusion that when a policy does not define a term, they use the standard desk reference such as Merriam-Webster. If there is ambiguity, then the ambiguity is found for the insured. I do not see this as ambiguous. The artificial turf is an “other structure,” similar to a patio, fire pit or other outdoor hardscape structure.

Related:

• Insurance coverage Q&A: Hidden leak but not behind a wall
• Top questions insurance agents, brokers should ask their clients
• Insurance coverage Q&A: Water back-up and additional living expenses