This loss involves a condominium complex that has a standard ISO commercial property policy. Due to Hurricane Andrew in 1992, the insured's wood privacy fences or walls sustained severe damage. The standard ISO forms contain an exclusion of fencing; however, it affords coverage for retaining walls that are permanently attached to the building.

Our question is: if the wood privacy fences or walls are permanently attached to the buildings and cannot be removed without severely damaging the structure, would they be covered under the standard ISO CP policy? The definition from Black's Law Dictionary for “wall” is “an erection of stone, brick or material, raised to some height and intended for purposes of privacy, security, or enclosure.”

It is our opinion based on this definition as well as the fact that the wood fencing or “privacy wall” is permanently attached to the structure that the standard ISO policy must respond to this loss.