Signs Not Attached to Buildings at Time of Loss Excluded from Coverage
Our insured had some signs that were permanently attached to the exterior walls of his building. During building maintenance the signs had to be temporarily removed from the walls for painting and other maintenance-related work. While the signs were temporarily removed they were stored on the roof of the building. One night during the maintenance period and while the signs were stored on the roof, they were stolen.
The insurer has refused to pay for the signs, citing the exclusion under item q on page two of fourteen of the Building and Personal Property Coverage form, CP 00 10 04 02.
The form states:
The following property (is excluded) while outside of buildings:
(1) Grain, hay, straw and other crops;
(2) Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, signs (other than signs attached to the buildings) trees, shrubs or plants (other than “stock” of trees, shrubs or plants), all except as provided in the Coverage Extensions.
We feel that the exclusion is meant to exclude only free-standing signs and not signs that are designed to be attached to the building and would be attached to the building save for the time it takes to do maintenance. If you look at the other property that is excluded under item q, you see that the excluded property are all types of outdoor property which are susceptible to loss from the elements. Signs which are permanently attached to buildings are less susceptible to the elements than free standing signs or other equipment like antennas and masts that are susceptible to damage from wind loads.
The context of the exclusion clearly establishes the intent of the insurer to relieve itself from the responsibility to pay for loss to property susceptible to damage from the elements.
The insured's signs had been attached to the building, were designed only for use in that configuration and would have been reattached to the building as soon as maintenance was complete had they not been stolen in the interim.
We don't see that the insured should be penalized by this exclusion simply because their normally attached building signs were temporarily unattached at the time of the loss.
Florida Subscriber
The exclusion you reference does not make a distinction for signs that are normally attached but are not attached at the time of loss—it merely excludes signs that are not attached to buildings. Since these signs were not actually attached when the loss occurred, they are subject to the exclusion.
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