Fixture Includes Lawn Tent?

Q

Our insured is a country club with a tent that is used for outdoor events, such as receptions, dances, etc. It has a solid flooring to which the tent is attached. The tent is dismantled each year during the winter and stored.

The tent was damaged by a covered cause of loss. We maintain it is a fixture, and as such covered under the commercial property policy. The adjuster sees it otherwise. Who is right?

Ohio Subscriber

A

The tent is not a fixture. It is a structure, but not all structures are fixtures. It is not affixed to the building or to the realty, and therefore is not covered under the building coverage of the CP 00 10 04 02 policy.

The tent, however, is business personal property, and if within 100 feet of the described premises, would qualify for consideration under contents coverage.

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