Trailer Covered as Business Personal Property or Storage Shed?
January 9, 2013
Our insured's policy excludes trailers as business personal property. The policy does contain an extension for unattached outbuildings.
A tree limb fell on a tractor-trailer type box trailer. The trailer still has its wheels. It is however attached electronically by wire to the building . The insured said that the box trailer is used just for storage and has not been moved since it was purchased four years ago.
Do you believe coverage would apply under business personal property or as an outbuilding?
The following policy provisions apply:
B. Property Not Covered
Business Personal Property and Personal Property of Others does not apply to:
1. “Automobiles” held for sale;
2. Vehicles or self-propelled machines (including “aircraft” or watercraft) that:
a. Can be licensed for use on public roads, except vehicles that are solely used to service the premises described in the “Declarations”; or
b. Are operated principally away from the premises described in the “Declarations”.
This paragraph does not apply to:
a. Vehicles or self-propelled machines or “automobiles” you manufacture, process or warehouse;
b. Vehicles or self-propelled machines, other than “automobiles”, you hold for sale;
c. Rowboats or canoes out of water at the premises described in the “Declarations”; or
d. Trailers, but only to the extent provided for in the Extensions of Coverage – B.19;
SECTION VIII – EXTENSIONS OF COVERAGE
A. Extensions of Coverage
3. Fences, Walks, Unattached Outbuildings, Tennis Courts, and Inground Swimming Pools – Coverage
1. We will cover “loss” to fences, walks, unattached outbuildings, tennis courts, and inground swimming pools caused by fire; lightning; explosion; riot or civil commotion; vehicles; aircraft; smoke; falling objects; windstorm; vandalism or malicious mischief; sonic boom; sinkhole collapse; volcanic action, or collapse caused by any of the perils specified in this
paragraph.
Unattached outbuildings include garages, storage areas and tool sheds, but do not include those buildings used for dwelling purposes or in connection with manufacturing, servicing, or farming operations.
We will pay up to 10% of the Building(s) (Coverage 1) limit but not to exceed $25,000 for any one “loss”. If you are a tenant and no limit is shown for Building( s) (Coverage 1), we will pay up to 10% of the Business Personal Property and Personal Property of
Others (Coverage 2) limit (minimum of $1,000) but not to exceed $25,000 for any one “loss”. Our payment will be on an actual cash value basis.
Pennsylvania Subscriber
It is a fine distinction between this being considered a trailer and an outbuilding. If it were to be construed as a vehicle under B.2, it could be argued that it is used solely to service the premises and would not be included as property not covered, in which case it could be classified as business personal property. As for being considered an outbuilding, the list describing an unattached outbuilding includes “storage areas.” That seems like a pretty wide term that could encompass a box trailer being used as a storage shed. Although it is wired to the building, it is our opinion that would not make it attached. So, an argument really could be made for coverage either way.
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