Paved or Non-paved Driveway

Our policy states that an insured has coverage to remove tree debris if it is on a structure, or blocks a driveway.  If an insured regularly accesses storage buildings in his backyard with a vehicle, but there is not a defined driveway to that area, would removal of tree debris that blocks access to the back yard be covered?

Tennessee Subscriber

The ISO form states that debris removal is covered if trees block a driveway that prevents access to the “residence premises” – the other structure is part of the residence premises, but driveway is not a defined term.

So we go to the dictionary, and Merriam Webster Online defines driveway as:
a private road giving access from a public way to a building on abutting grounds. That doesn't really clarify the situation, so I looked up road which is defined as: an open way for vehicles, persons, and animals. There's no indication that a road must be paved to be considered a road; therefore, if the regular access way the insured uses is open and the path is deliberately there for vehicle use, then we'd say it was a driveway and removal of trees would be covered.

 

 

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