Farm Personal Property versus Personal Property
We write a lot of farm business. Our insured had a farm policy that provided coverage for farm personal property. They also have a HO policy that covers personal property. Insured had a shed fire. They exhausted policy limits on the farm policy for farm personal property. They now want to present a claim under the HO policy for the remainder of the farm personal property. The HO policy has exclusion in it that excludes “farm personal property”.
There isn't a definition for “farm personal property”, nor is there a definition for “personal property”. Do you have any information in regard to the definition of “personal property” and “farm personal property”?
Wisconsin Subscriber
When a policy does not define the terms used, the standard is to go to the plain old dictionary. Merriam Webster Online defines personal property as property other than real property consisting of things temporary or movable. The dictionary doesn't define farm personal property, but it's readily determined by putting together two definitions. Farm is defined as a tract of land devoted to agricultural purposes, or a plot of land devoted to the raising of animals and especially domestic livestock, or water reserved for artificial cultivation of some aquatic life form.
Therefore, farm personal property would be temporary or movable property related to the practice of farming. A pitchfork used to toss hay would be farm personal property, whereas a lawn rake used to rake the leaves in front of the house would be personal property. Tillers, seeders, scythes, branding equipment, sheep shears, and cattle brushes are all farm personal property, and as such would be excluded under the homeowner's policy.
When looking at the property claimed in the loss, you need to look at how the property is used; if it's used for the animals or in farming the land, it's excluded.
However, if the insured was watching meteor showers and left a blanket from the house in the shed, that would be household personal property and 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
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]