We have a claim under a BOP 00 03 01/06. It appears that a prior owner built an add-on over an underground cistern that is no longer used to service the home. The cistern has now collapsed creating a 12 x 12 opening that extends outside of the foundation wall.
The question is would the abandoned underground cistern be considered covered property under the BOP? Would it be considered a fixture even though it is not connected to the structure in any way?
Kentucky Subscriber
As found in the headnotes of Matthew vs. City Ice and Fuel Co., Court of Appeals, Fourth Appellate District, Gallia County, Ohio, August 17, 1982, No. 81 CA 6, in real property law, a cistern is deemed a plumbing fixture:Fixtures & Improvements, Fixture Characteristics
Given the nature of a cistern and related water system and its attachment to real estate, such items are fixtures to the real estate and not personal property.