Our insured has suffered damage during a heavy windstorm to ornamental rock formations and gravel garden paths. The wind blew some of the gravel away, and also blew sand and other debris into the rock formations and onto the gravel paths. Cleaning up the debris and redoing the paths was a considerable expense. Is this covered as damage to "other structures" under homeowner coverage B, or excluded as "land"?

California Subscriber

A

"Land" is unimproved or land in its natural state, not something that has been designed and constructed on the land. These aesthetically designed portions of a garden seem clearly to qualify as "structures." A "structure," according to Webster's Third New International Dictionary, is "something constructed or built." Human intervention is necessary.

Thus, the meaning of structures, as insured under homeowners coverage B, is not limited to buildings, but includes other items as well. Since the damage was caused by an insured peril, wind, the coverage should respond in excess of whatever deductible applies.

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