Crops Include Pumpkins under Property Form

We have an insured who had a large number of pumpkins bought from farmers to sell during a fall festival. The pumpkins were stored outside. A large, unexpected snow storm in October ruined the pumpkins. The insurer is denying coverage for damage to the pumpkins based on this exclusion:

The following property while outside of buildings:

(1) Grain, hay, straw or other crops;

(2) Trees, shrubs or plants (other than “stock” of trees, shrubs or plants), except as provided in the Coverage Extensions

We believe that this exclusion does not fit our insured's situation .The pumpkins are personal property being held for sale by a retail store that are no different than bicycles or other products being stored outside while being held for sale.

What is your opinion?

Kentucky Subscriber

The pumpkins are included in this exclusion. Notice that trees, shrubs, and plants in (2) are followed by the qualifier “other than 'stock,'” while grain, hay, straw, and other crops are not. Pumpkins fit the dictionary definition of crop: “a plant or animal or plant or animal product that can be grown and harvested extensively for profit or subsistence.” (Merriam-Webster Online). Thus, while pumpkins could be considered personal property being held for sale, they are also crops and subject to this exclusion.

 

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis