Fire damaged multiple buildings and structures on the described premises. One of the structures damaged was a large tree house that served the premises (retreat center for large groups). However, the tree house was not listed on the declarations. Can such a structure (tree house) be considered an "outdoor fixture"?
California Subscriber
Absolutely, the tree house would be a covered outdoor fixture. A fixture is defined in part by Merriam Webster as:
2.
- something that is fixed or attached (as to a building) as a permanent appendage or as a structural part a plumbing fixture
- a device for supporting work during machining
- an item of movable property so incorporated into real property that it may be regarded as legally a part of it.
A tree house can be movable or it can be affixed as this one is to a tree, but it is a permanent, structural building. In addition, it does not fall under the listing of property not covered.
Karen Sorrell, CPCU
Karen Sorrell, CPCU is an editor and insurance technical resource for FC&S Expert Coverage Interpretation, a division of National Underwriter Company and Arc Network. Karen has an extensive background in commercial and specialty lines underwriting and product management spanning over 30 years. Her technical underwriting skills combined with her research and analysis skills in insurance product development are a winning combination for her role of insurance editor and in the area of insurance policy language interpretation for Arc Network.