Portability and Determination of Personal Property

 

October 2, 2014

 

A policyholder suffers a fire loss to their detached garage. The insurance company pays the policy limit under the related private structure coverage as the loss is underinsured. The garage contained an auto overhead two post lift the insured purchased and installed after the garage was built in 2006. The insurance company's position is that it was attached to the structure therefore part of the RPS coverage. Our position is that it was purchased after the garage was built, it is removable, and not a permanent appendage or a structural part of the garage; therefore it should be covered under personal property.

New York Subscriber

We see the lift as part of the other structure. In order to be removed it must be unbolted from the concrete floor; is it not readily removable as a picnic table would be. When it was added does not make it any less permanent. Many people add on rooms to dwellings, and once added they are part of the dwelling.

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