Is a Fence Covered by Commercial Property Expanded Coverage Endorsement?

A commercial insured sustained wind damage to a fence, but coverage was denied due to fences being excluded in the building and personal property coverage form CP 00 10 10 12:
2. Property Not Covered
Covered property does not include:
q. The following property while outside of buildings:
(2) Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, trees, shrubs or plants (other than trees, shrubs or plants which are “stock” or are part of a vegetated roof), all except as provided in the Coverage Extensions.
The agent pointed the claim rep to the Commercial Property Expanded Coverage Endorsement CP 71 81 03 21, “A. Appurtenant Buildings or Structures,” which the agent believes extends coverage to the fence:
Section A. Coverage 1. Covered Property a. Building, the following is added:
Appurtenant Buildings or Structures at the described premises. The most we will pay for Appurtenant Buildings or Structures in the limit shown in the Schedule above. Any Appurtenant Building is defined as another building or structure on the same premises as the principal structure, including, but not limited to a detached garage, storage building, or detached carport.
The agent and carrier agree that a fence is a structure. However, after reviewing the denial with multiple levels of management, the carrier’s position is unchanged because the endorsement does not affect the specific fence exclusion in the commercial property policy.
Q: If a fence is a structure, why does the Commercial Property Expanded Coverage Endorsement not extend coverage to the fence?

Agency Nation Radio: Where Insurance Pros Turn on the Mic
Response 1: I agree that a fence can be a structure, but that doesn’t make it covered. It’s common for insurance policies to start with a broad description of what’s covered and then narrow the scope with exclusions and definitions. That’s what’s going on here. The company has added coverage for unattached structures, but they didn’t want to cover all kinds of structures. So, they narrowed the exclusion by naming certain specific things they didn’t want to cover. In this case, they specifically excluded fences.
Response 2: I agree with the insurer. Even if the insurer considers the fence a structure, this doesn’t change the fact that fences are on the Property Not Covered list. The only coverage for fences is in the Outdoor Property Coverage Extension in the commercial property policy:
5. Coverage Extensions
Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises.
e. Outdoor Property
You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and television antennas (including satellite dishes), trees, shrubs and plants (other than trees, shrubs or plants which are “stock” or are part of a vegetated roof), including debris removal expense, caused by or resulting from any of the following cause of loss if they are Covered Causes of Loss:
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- Fire;
- Lightning;
- Explosion;
- Riot or Civil Commotion; or
- Aircraft.
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The loss to the fence was also due to wind. While the commercial property form does provide an extension to outdoor property, including fences, wind is not a covered cause of loss.
What Do the Experts Think?
Regarding the endorsement, it does add coverage for additional structures, which might include fences, but it does not add back coverage for the wind peril. Coverage for outdoor fences specifically is only covered for the specifically named perils—and wind is not one of them.
This question was originally submitted by an agent through the Big “I” Virtual University’s (VU) Ask an Expert service, with responses curated from multiple VU faculty members. Answers to other coverage questions are available on the VU website. If you need help accessing the website, request login information.
This article is intended for general informational purposes only, and any opinions expressed are solely those of the author(s). The article is provided “as is” with no warranties or representations of any kind, and any liability is disclaimed that is in any way connected to reliance on or use of the information contained therein. The article is not intended to constitute and should not be considered legal or other professional advice, nor shall it serve as a substitute for obtaining such advice. If specific expert advice is required or desired, the services of an appropriate, competent professional, such as an attorney or accountant, should be sought.










