"Fine Arts" Does Not Include Wall Plaques

A fire totally destroyed a VFW post's building and personal property, for which the insured was paid the policy limits. One part of the claim involved a submission of oak wall plaques that held brass plates etched with the names of current and past members. We feel that these plaques should fall within the definition of "fine arts" found in the policy: "Fine Arts means paintings, etchings, pictures, tapestries, art glass windows, valuable rugs, statuary, marble, bronzes, antique silver, manuscripts, porcelains, rare glass, bric-a-brac, and similar property, of rarity, historical value or artistic merit."

The post is certainly an institution in the community to which belong men and women who served their country and who share or shared in significant events as affecting the community and their country. The oak plaques and brass nameplates were the post's property, and the post had the responsibility for replacing them.

The loss and claim to the post's personal property substantially exceeded their limit of liability. They were paid policy limits for personal property. Thus, the post made a claim for the replacement of the plaques and nameplates under the additional coverage for fine arts.

The coverage for organizational paraphernalia has also been exhausted, but this is the coverage that the insurer says applies to these items. The post, however, considers these items to be fine arts and distinguishable from other types of personal property, such as tables, chairs, or kitchen equipment.

What is your opinion regarding these plaques and nameplates being covered as fine art?

Pennsylvania Subscriber

Looking at the definition of "fine arts" in the policy, it is difficult to see how the plaques fit into the description. They do not appear to be similar to a painting, etching, picture, tapestry, art glass window, valuable rug, statuary, marbles, bronzes, antique silver, manuscripts, porcelains, or bric-a-brac. While they might have historical value to the VFW post and the community, they must also be similar property to the items listed in order for coverage to apply.

The placement of the comma in that listing, "and similar property, of rarity, historical value or artistic merit," means that each item in that list must be rare, have historical value, or have artistic merit. For instance, a painting that did not meet any one of these requirements would not be considered fine art. Likewise, an item that was similar to those listed, but did not meet one of the requirements, would not be considered fine art. And, items that are rare, historical, or have artistic merit but are not items listed or similar to those items listed would also not fall within the policy's definition of "fine art." Further, in this case, the plaques can easily be replaced.

A broader reading may have been interpreted had there not been a comma between "and similar property" and "of rarity, historical value or artistic merit." In other words, had one of the choices on the list been "similar property of rarity, historical value or artistic merit," under a broad reading of the policy, the plaques might have been covered. However, due to the placement of one small comma, the plaques would not be considered fine art under the policy.

 

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