Stored Winter Tires “Equipment” Under PAP?

I have a coverage question under the personal auto policy.

Our insured stores winter tires in his garage for a covered vehicle under the policy.  His intent of course would be to put the winter tires on the covered auto each winter season. A fire to the garage/home destroys the auto and the winter tires. Under Erie 's Family Auto Policy, Ed. 4/97, the Insuring Agreement states:

“We will pay for loss to an auto we insure and its equipment…..”

We do not define “equipment” in the policy.

Would the winter tires be considered “equipment” of the covered auto? We believe they would be and hence should be covered.

Ohio Subscriber

We agree that the winter tires would be considered equipment of the covered auto. Construing similar auto policies where the term is undefined, courts have defined “equipment” as used in the phrase “automobile, and its equipment”, to mean “any item, article, piece, part, accessory or addition installed or attached in, on, or to an automobile whether such installation or attachment be made at the time of the manufacture of such automobile or by the owner at a subsequent time.”

The tires serve a critical function in the operation of the vehicle and there is little room for argument that the tires, when in use, are attached to the vehicle. And unless the policy specifically states that the equipment actually has to be on the covered auto at the time of loss, it makes no difference that the tires were in the garage when they were damaged.  So long as the insured can show that these tires can or will be used on the insured vehicle, they should be covered as equipment.