We are looking for your thoughts on the definition of building. We have AAIS policy premises Burglary and Robbery coverage (see attached). Our insured's outside generator was stolen while enclosed in a chain link fence. The lock was cut and the generator stolen. Under property covered: We cover your business personal property, except as limited below, for loss caused by the perils covered while in a BUILDING describe on the declarations. We are looking for your thoughts and comments.

Guam Subscriber

A building and a structure are two different things. When a policy does not define a term, courts will turn to a standard desk reference and the common meaning of the word. Merriam Webster online defines building as: a usually roofed and walled structure built for permanent use (as for a dwelling). A structure is defined as:

a. something (such as a building) that is constructed; b: something arranged in a definite pattern of organization.

A chain link fence is easy to climb over, unlike walls which unless unusually short needs some sort of equipment for someone to be able to scale them. Your fencing does not have any sort of roof, it is merely a fence. What you have is a structure, and not a building. Items inside the fence are open to the elements so that wind, hail, rain can readily affect the equipment within. There is no roof or even a covering to protect what is inside the fence.

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