If someone asks you what a fence is, the image that springs to mind would probably involve posts and boards or pickets, barbed wire, or chain link. But you would have a definite image of a fence. So when a subscriber recently asked me the difference between a fence and a wall, my first reaction was that a fence is a fence—you just know it when you see it. That, however, doesn’t really hold up in court.The subscriber stated: “An issue that seems to come up frequently involves fences and walls. Fences are not covered property under the CP 00 10 except for certain named perils under the coverage extensions. Since neither is defined under the policy, there appears to be differences of opinion even within my company on what is covered and what is not. It would be nice if the form discussed both fences and walls.”
The ISO form is silent on what constitutes a fence and what makes it different from a wall. The property not covered section lists fences located outside of buildings as not covered. Retaining walls that are not part of a building are also listed as property not covered. However, no other walls are specified. Could what I would think of as a wall that is built around a garden, for example, be considered a fence and therefore be excluded?
Materials and MeaningsSince the terms are not defined, we look to their common, everyday meaning. According to Merriam-Webster Online, a fence is “a barrier intended to prevent escape or intrusion or to mark a boundary; especially such a barrier made of posts and wire or boards.” A wall is “1a: a high, thick masonry structure forming a long rampart or an enclosure chiefly for defense —often used in plural; b: a masonry fence around a garden, park or estate; c: a structure that serves to hold back pressure (as of water or sliding earth); 2: one of the sides of a room or building connecting floor and ceiling or foundation and roof; 3: the side of a footpath next to buildings.”
As an insurance expert with extensive knowledge in property and casualty coverage, I can confidently delve into the nuances of the distinctions between fences and walls, particularly in the context of insurance policies. My expertise in insurance extends to interpreting policy language and addressing common ambiguities, ensuring a comprehensive understanding of coverage scenarios.
The article you provided highlights a subscriber's inquiry about the differences between fences and walls, particularly in relation to insurance coverage under the CP 00 10 policy. The subscriber expresses concern about the lack of explicit definitions for these terms in the ISO form, leading to disagreements within their company on what is covered and what is not.
Firstly, it's crucial to acknowledge that the ISO form is silent on what constitutes a fence and what distinguishes it from a wall in the context of insurance coverage. The article mentions that the property not covered section explicitly excludes fences located outside of buildings from coverage. It also specifies that retaining walls not part of a building are not covered, but it doesn't provide further clarification on other types of walls.
To address this ambiguity, the article suggests turning to the common, everyday meanings of the terms. According to Merriam-Webster Online, a fence is described as "a barrier intended to prevent escape or intrusion or to mark a boundary," typically made of posts and wire or boards. On the other hand, a wall is defined as a "high, thick masonry structure forming a long rampart or an enclosure chiefly for defense," and it can also refer to a masonry fence around a garden, park, or estate.
The materials used and the intended purpose seem to be key factors in distinguishing between fences and walls. A fence is often associated with preventing escape or intrusion and is typically made of posts, wire, or boards. In contrast, a wall is characterized by its thickness and use in forming long ramparts, enclosures for defense, or masonry structures around gardens, parks, or estates.
In the insurance context, the lack of explicit definitions may lead to varying interpretations, and the article rightly emphasizes the importance of clarity in policy language. Whether a structure is considered a fence or a wall can impact its coverage under the policy, and insurers and policyholders alike should strive for a shared understanding to avoid disputes.
In conclusion, the distinction between fences and walls in insurance coverage is not explicitly defined in the ISO form, necessitating a reliance on common meanings. The characteristics of materials and intended purposes play a vital role in determining whether a structure is classified as a fence or a wall, influencing its coverage under the policy. Insurers and policyholders should seek clarity to ensure a consistent interpretation and application of coverage terms.
