Fixtures and Additions as Building or Contents?

Q

I am involved in a loss where the landlord supplied movable partitions, which are hard wired into the building. They were damaged by a covered cause of loss, but here is insufficient contents coverage to cover them.

We are attempting to claim these partitions as building items under the commercial property coverage, which is provided by form CP 00 10 06 95.

This form defines building as:

Building, meaning the designated building or structure at the premises described in the Declaration, including:

1.     Completed additions;

2.     Fixtures, including outdoor fixtures;

3.     Permanently installed:

     a.     Machinery and

     b.     Equipment

We believe that the modular workstations are permanently attached fixtures because they are hard-wired into the walls. An electrician in addition to an installer is required to set up and/or remove these items, and sheet rock repairs would need to be made after removal. 

Massachusetts Subscriber

A

The commercial property form CP 00 10 states that fixtures are covered as either building or business personal property. Fixtures is not a defined term. The 1991 version of this form stated that, under building coverage, the fixtures had to be “permanently installed.” However, that wording was dropped with the 1995 form, leaving the undefined fixtures covered under both building and business personal property.

However, inherent in your description of these fixtures is their attachment to the building. Since these units are hard wired into the building, and some wall damage would occur to remove them, we believe they could be covered as building under the commercial property form.

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