Includes copyrighted material of Insurance Services Office, Inc., with its permission.June 13, 2016

 

Coverage for Commercial Structures

 

Summary: Farm Property – Barns, Outbuildings, And Other Farm Structures Coverage Form, FP 00 14 04 16, applies to buildings and structures, other than farm dwellings and other private structures appurtenant to dwellings. Coverage applies to farm buildings or structures under form FP 00 14, when a limit of insurance is shown for each item.

Coverage may be purchased for an owner or a tenant with an insurable interest in the farming or ranching operation. However, when the farm is tenant-occupied, it must be operated under the insured's supervision or under contract management. The coverage may apply to individual buildings or structures or to groups of similar buildings or structures. For buildings that are heated, the letter “H” must be entered on the declarations after the building description. Each structure shown in the declarations under coverage G must also indicate whether coverage is to be provided as replacement cost (RC) or actual cash value (ACV).

Topics covered: Covered property

Property not covered

Conditions—coverage G

Coverage extensions

Additional Coverages

Other provisions

Covered Property

COVERAGE G – BARNS, OUTBUILDINGS, AND OTHER FARM STRUCTURES

A.Coverage

We will pay for direct physical loss of or damage to Covered Property at the “insured location” described in the Declarations, or elsewhere as expressly provided below, caused by or resulting form any Covered Cause of Loss.

1.Covered Property

All of the following are Covered Property under Coverage G of this Coverage Form, provided a Limit of Insurance is shown in the Declarations for the specific type of property:

a.Farm buildings and structures other than “dwellings”, including attached sheds and permanent fixtures;

b.Silos individually described in the Declarations or on a schedule, whether or not attached to buildings;

c.Portable buildings and portable structures;

d.All fences (except field and pasture fences), corrals, pens, chutes and feed racks;

e.Outdoor radio and television equipment, antennas, masts and towers, including any guy wires and lead-in wiring;

f.Improvements and Betterments. Improvements and betterments are additions, alterations, fixtures or installations made part of the described building, but do not include items that may be legally removed by an “insured”. If you are a tenant, we cover your use interest in the improvements and betterments you make at your expense to a building you do not own at the “insured location”; and

g.Building Materials and Supplies:

(1)For use in building, altering or repairing farm buildings or structures; and

(2)Kept on or adjacent to the “insured location”.

 

Analysis

Some similarities exist between some of these property items and items included in farm property coverages A and B, but there are important differences, as well. Among them:

In order for coverage G to apply, fences (along with—or without—corrals, pens, chutes, and feed racks) must be specifically listed in the declarations with a limit of insurance specified. Fences are subject to the equivalent of a 100 percent coinsurance clause (see discussion later in this article).

The 2016 revision added language to the outdoor radio and television equipment provision to include guy wires and lead-in wiring.

Coverage A applies to materials (on the insured location) used in building, altering, or repairing the dwelling. Similar coverage is provided under coverage G for use in building, altering or repairing farm buildings or structures, other than the dwelling. These items must be located on or adjacent to the insured location. Coverage is provided only if an entry is made for building materials and supplies on the declarations and a limit of insurance is shown for this item. This property is also eligible for coverage under either coverage E as miscellaneous equipment item G or unscheduled farm personal property under coverage F. A general supply of materials kept on hand for use as needed in repair of either the dwelling or farm buildings might better be included in coverage E or F than relying on either coverage A or G.

 

Property Not Covered

 

2.Property Not Covered

Covered Property does not include:

a.Land (including land on which a building or structure is located);

b.Water;

c.Field or pasture fences;

d.Foundations, if below ground, of buildings or structures;

e.Pilings, piers, wharves or docks; or

f.The cost of excavations, grading, filling or backfilling; or

g.Private power and light poles, except as provided in Section II – Coverage Extensions, Private Power And Light Poles.

 

Analysis

 Items a. and b. are similar to dwelling coverage A property not covered items.

Item c. repeats and supports the exception of field or pasture fences found in covered property item d., fences, corrals, pens, chutes, and feed racks.

Items d., e., and f. are excluded from coverage for any of the following reasons:

1. They are less likely to be damaged than the remainder of the building or structure.

2. They are usually reusable in reconstructing the building or structure after loss.

3. They are subject to unusual hazards of underground or water deterioration or damage.

With regard to foundations, excavations, footings piers or other structures or devices that support all or part of the property, this provision differs from the provision in coverage A, which is applicable to dwellings, in that no coverage is provided here. Coverage A will pay the full replacement cost if the dwelling was insured to at least 80 percent of its full replacement cost at the time of loss. The value of these items is not considered when calculating the replacement cost of the structure. Under coverage G there is no coverage at all for these items.

The 2016 revision added item g. to explicitly express that private power and light poles are not covered. Limited coverage—up to $1,000 per occurrence—is available as a coverage extension.

Note that these items may indeed be subject to damage, along with the building or structure, but that such damage is not insured. The ISO rules make no provision for extending insurance to any of these items, although some insurers might be willing to offer coverage on some of these items, if requested, on an individual basis. Coverage may be purchased separately for damage to below ground foundations of buildings or structures and related consequential expenses. Damage must result from a covered cause of loss. Please refer to Coverage G – Damage to Below-Ground Foundations of Buildings or Structures, and Related Consequential Expenses, FP 14 01 09 03.

 

Conditions—Coverage G

B.Coverage G Conditions

Coverage G is subject to the following Loss Conditions as well as to the Farm Property Conditions (see the Farm Property – Other Farm Provisions Form – Additional Coverages, Conditions, Definitions) and the Common Policy Conditions.

Loss Conditions

1.Fences, Corrals, Pens, Chutes, Feed Racks

The most we will pay in any one occurrence of loss of or damage to covered fences, corrals, pens, chutes and feed racks is the proportion that the applicable Limit Of Insurance shown in the Declarations bears to the value of all covered fences, corrals, pens, chutes and feed racks you own as of the time of loss.

2.Portable Buildings And Portable Structures

The most we will pay in any one occurrence of loss of or damage to portable buildings or portable structures is the proportion that the applicable Limit Of Insurance shown in the Declarations bears to the value of all portable buildings and portable structures you own as of the time of loss.

But this condition does not apply to any portable building or portable structure individually covered under its own Limit of Insurance shown in the Declarations.

3.Valuation – Property Other Than Improvements And Betterments

a.If the Replacement Cost Basis option is not expressly indicated in the Declarations, we will, in the event of loss or damage to Covered Property, settle at the actual cash value, as of the time of loss, of the destroyed or damaged part of the structure, but we will not pay more than the amount necessary for repair or replacement.

The cost of repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use, or repair of any property.

b.If the Replacement Cost Basis option is expressly indicated in the Declarations, loss valuation will be determined as provided below:

(1)The basis for loss settlement will be determined by the ratio of the applicable Limit of Insurance for the specific building or structure to the full replacement cost of the destroyed or damaged Covered Property. When determining the full replacement cost, the values of the following will be disregarded:

(a)Excavations; footings;

(b)Foundations; and

(c)Piers and other structures or devices that support all or part of Covered Property and are below the undersurface of the lowest basement floor; or, where there is no basement, those below the surface of the ground inside the foundation walls; also underground flues, pipes, wiring and drains.

(2)If the Limit Of Insurance on the damaged building or structure is at least 80 percent of its full replacement cost as of the time of loss, we will settle the loss based on the smallest of the following amounts:

(a)The cost to replace the damaged part of the building or structure with material of like kind and quality and for like use;

(b)The amount actually and necessarily spent to repair or replace the building or structure; or

(c)The applicable Limit of Insurance.

If the structure is rebuilt at a new premises, the cost described in Paragraph B.3.b.(2) is limited to the cost that would have been incurred if the structure had been rebuilt at the original premises.

The cost of repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use, or repair of any property.

(3)If the Limit of Insurance on the damaged building or structure is less than 80 percent of its full replacement cost as of the time of loss, we will settle on the basis of (a) or (b) below, whichever is larger:

(a) The actual cash value, as of time of loss, of the damaged part of the building or structure; or

(b)A proportion of the cost to repair or replace the damaged part of the building or structure, without deduction for depreciation. This proportion will equal the ratio of the applicable Limit of Insurance to 80 percent of the cost of repair or replacement. The cost of repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use, or repair of any property.

However, we will not pay more than the applicable Limit of Insurance, regardless of whether (a) or (b) above applies.

(4)If your loss qualifies for payment on a replacement cost basis, but the cost of repair or replacement is more than either $5,000 or 5 percent of the applicable Limit of Insurance, the only basis on which we will settle pending completion of repairs or replacement is actual cash value, as of time of loss, of the damaged part of the building or structure. In case of such a loss you can make an initial claim for payment on the actual cash value basis, and later make a supplementary claim for replacement cost payment. If you elect to exercise this option, you must notify us of your intention in writing within 180 days of the occurrence of the loss.

The cost of repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use, or repair of any property.

4.Valuation – Improvements And Betterments

a.If repair or replacement is done at the expense of the “insured” within 12 months after the loss, we will settle the loss on the basis of actual cash value as of time of loss.

b.If repair or replacement is not done within 12 months after loss, we will settle on the basis of a proportion of the cost of repair or replacement. The cost of repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use, or repair of any property. The applicable proportion will equal the ratio of Paragraph (1) below to Paragraph (2) below:

(1)The period of time from the loss or damage to the expiration of the lease.

(2)The period of time from the installation of the improvements to the expiration of the lease.

Lease means the lease, whether written or oral, in effect at the time of the loss.

If your lease contains a renewal option and if you exercise that option, the expiration of the renewal option period will replace the expiration of the lease in Paragraphs (1) and (2) above.

c.If repair or replacement is done at the expense of others for the use of the “insured”, we provide no insurance.

5.Valuation – Glass Replacement

We will settle on the basis of the cost to replace damaged glass with safety glazing material, if required by law.

 

Analysis

These conditions apply in addition to other conditions found in the Common Policy Conditions form, IL 00 17 11 98, and the Farm Property – Other Farm Provisions Form – Additional Coverages, Conditions, Definitions form, FP 00 90 04 16.

Fences, corrals, pens, chutes, feed racks. The insurer will pay no more in any one occurrence for loss to this property than the proportion of the limit of insurance shown in the declarations bears to the total value of all covered fences, corrals, pens, chutes, and feed racks owned by the insured at time of loss. While the wording is similar to a pro rata clause, this clause, although not identified as such, operates as a 100 percent coinsurance clause.

Portable buildings and structures. This provision, which limits recovery of loss to portable buildings and structures to the same proportion of the loss that the limit of insurance for all portable buildings and structures bears to their total value at time of loss, is similar to the same provision found in the coverage E conditions, with one exception. The coverage G provision does not apply to individually scheduled portable buildings and structures.

Valuation for property other than improvements and betterments. Actual cash value loss settlement applies to property other than improvements and betterments, unless the declarations page indicates replacement cost. If replacement cost is selected, the method for determining it will be the same as for coverage A. Costs attributable to the enforcement of or compliance with any building laws are excluded.

The intent is to cover full cost of replacement up to the limit of insurance when the limit of insurance is at least 80 percent of the replacement cost of the building or structure. The insurance pays the smallest of (1) cost to replace with equivalent construction on the same premises; (2) the amount actually spent to repair or replace (note that replacement on another site is permitted); or (3) the limit of insurance.

The increased costs attributable to the enforcement of or compliance with any building laws is excluded.

When the insured carries less than 80 percent insurance to replacement, the insurer will pay the higher of the actual cash value of the loss or damaged property or that portion of the replacement cost that the limit of insurance bears to 80 percent of the replacement cost of the building or structure, but never more than the limit of insurance.

If the structure is rebuilt at a different location, the policy will not pay for additional costs that would not have been incurred at the original location.

The dollar limit that the cost of repair or replacement of property must exceed before the loss is settled on an actual cash value basis from is $5,000, increased from $2,500 in the 2016 revision. Keep in mind that this is an either or limit. If the value exceeds 5 percent of the applicable limit of insurance, or $5,000, the company will settle only on an ACV basis, pending completion of repair or replacement. Increased costs due to the enforcement of or compliance with an ordinance or law are not covered.

Valuation for improvements and betterments. For loss to improvements and betterments, there are three alternative methods of valuation.

If the insured repairs or replaces the property at his expense within twelve months after date of loss, the insurer pays the actual cash value of the improvements and betterments. This is in contrast to the provisions of the Building and Personal Property Coverage Form, CP 00 10 10 12, which requires repairs to be made promptly.

If not repaired or replaced within twelve months after date of loss, payment is based on the unamortized value of the improvements and betterments. This value is measured by the number of days from date of loss to expiration date of the lease, divided by the number of days from installation of the improvements to lease expiration date, multiplied by the cost of repair or replacement of the lost or damaged improvements and betterments. Increased costs due to the enforcement of or compliance with an ordinance or law are not covered.

If someone other than the insured (such as a landlord or tenant) pays for the repair or replacement—for the insured's use—there is no coverage.

If the lease contains a renewal option and the insured exercises the option, the option's expiration date is used as the expiration date of the lease. This formula, in effect, defines the length of the insured's use interest as the length of his lease. If the lease has a renewal option, the insured's use interest extends to the end of that option.

The form does not, however, address the case where the lease is cancelled due to the loss, and the improvements and betterments are repaired or replaced for a new tenant. In such a case, provision (2) applies, as implicit in the improvements and betterments coverage is recovery of the unamortized value, unless repair or replacement is made for the benefit of the insured.

Recovery is limited to the unamortized value of the damaged portion of improvements and betterments only. Loss of use of the undamaged portion through cancellation of the lease is not covered. Leasehold interest insurance would be needed to cover this loss.

Valuation for glass replacement. The provision is the same as under coverage A: when the law requires replacement of broken or damaged glass with safety glazing material, loss payment for any glass loss covered by the policy will be on the basis of the more expensive replacement required by law.

 

Coverage Extensions

 

A.Private Power And Light Poles

We will pay up to $1,000 in any one occurrence as an additional amount of insurance for direct physical loss of or damage to private power and light poles, outside wiring, including guy wires and lead-in wiring, and attachments. Attachments include attached switch boxes, fuseboxes, and other electrical equipment mounted on poles you own at the “insured location”. The $1,000 Limit applies in excess of any applicable Deductible.

If specific private power and light poles are shown in the Declarations, the Limits of Insurance shown for them will be in addition to the $1,000 Limit.

B.New Construction

1.We will pay up to $100,000 for direct physical loss of or damage to new, permanent farm structures at the “insured location” including materials and supplies for use in their construction.

2.This Coverage Extension applies only:

a.To structures that are not otherwise covered under this or any other policy; and

b.To loss caused by aircraft, explosion, fire, lightning, riot or civil commotion, smoke, vandalism, vehicles, windstorm or hail.

3.Insurance on each farm structure covered under this Coverage Extension will end as soon as any of the following takes place:

a.You report values to us. (We will charge you an additional premium for values reported from the date construction begins or the materials and supplies are delivered.)

b.60 days have elapsed since the first date of delivery of the materials and supplies.

c.This policy expires.

4.This Coverage Extension is part of, not in addition to, the applicable Limit of Insurance.

 

Analysis

Section II of form FP 00 14 the following coverage extensions:

Private power and light poles. The policy provides up to $1,000 per occurrence as additional insurance above any applicable deductible for direct physical loss of or damage to private power and light poles, outside wiring, and attachments. Previous editions of this form provided only $250. Attachments are defined as including attached switch boxes, fuse boxes, and other electrical equipment mounted on poles owned by the insured at the insured location. For any specific insurance on poles shown in the declarations, the amount of insurance shown is in addition to the coverage extension.

New construction. The form provides up to $100,000 of coverage on new permanent farm structures at the insured location, including materials and supplies used in their construction. This coverage applies only if the new structures are not otherwise covered under this or any other policy and only for the perils of aircraft, explosion, fire, lightning, riot or civil commotion, smoke, vandalism, vehicles, windstorm, or hail.

This is temporary coverage, beginning with the first delivery of materials or supplies, and ending at the earliest of the date the insured reports values to the insurer to obtain permanent coverage, sixty days following the date of first delivery of materials and supplies, or expiration of the policy. Premium for the new construction is payable from date of first delivery of materials and supplies.

This extension is a part of rather than an addition to the applicable limit of insurance.

 

Additional Coverages

 

A.Extra Expense

If a Limit Of Insurance is shown in the Declarations for Extra Expense Coverage, we will pay, up to that Limit of Insurance, the actual and necessary expenses you incur to resume normal farming operations interrupted as the result of direct physical loss of or damage to Covered Property by a Covered Cause of Loss.

Coverage for such extra expense is not limited by the expiration of this policy. But, we will not pay extra expense you incur after the period required for repair, rebuilding or replacement of Covered Property.

Extra Expense Coverage does not include loss caused by or resulting from the enforcement of or compliance with any ordinance or law which requires any “insured” or others to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to, or assess the effects of, “pollutants”.

No deductible applies to this Additional Coverage.

B.Water Damage

In the event of water (or steam) damage not otherwise excluded, from a plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance, we:

1.Will also pay the necessary cost of tearing out and replacing any part of a covered building or structure so that the damaged system or appliance can be repaired, provided that Special Causes of Loss is shown in the Declarations for Coverage G under which the building or structure is covered; but

2.Will not pay the cost to repair any defect which caused water or steam to escape from a system or appliance containing water or steam.

In this Additional Coverage, a plumbing system does not include a sump, sump pump or related equipment.

This Additional Coverage will not increase the Limit of Insurance provided in this Coverage Part.

C.Other Additional Coverages

For other Additional Coverages, see the Farm Property – Other Farm Provisions Form – Additional Coverages, Conditions, Definitions.

 

Analysis

Extra expense is an optional coverage. When it applies there is no deductible. This coverage does not increase the limit of insurance. Coverage is provided for the necessary expenses incurred by the named insured to resume normal farming operations that were interrupted as the result of direct physical loss of, or damage to, covered property, by a covered cause of loss. The most the company will pay is the dollar amount specified in the declarations page. Although the extra expense coverage provided by this section does not include loss caused by or resulting from the enforcement of or compliance with any ordinance or law, that coverage is available if purchased under dwelling and Dwelling and Farm Building Replacement Cost Protection (Including Ordinance or Law Coverage), FP 04 04 04 16.

Only water damage not otherwise excluded under the Causes of Loss Form – Farm Property, FP 10 60 04 16, is covered under this form. This means that for any water damage coverage to apply, the insured must also purchase the special causes of loss form.

 

Other Provisions

A.Covered Causes Of Loss, Exclusions And Limitations

See the Causes Of Loss Form – Farm Property for Basic, Broad or Special coverage as shown in the Declarations.

B.Limits Of Insurance

See the Farm Property – Other Farm Provisions Form – Additional Coverages, Conditions, Definitions.

C.Deductible

See the Farm Property – Other Farm Provisions Form – Additional Coverages, Conditions, Definitions

 

Analysis

The last section of FP 00 14 refers the reader to the Causes of Loss Form – Farm Property form, [FP 10 60 04 16, or the Farm Property – Other Farm Provisions Form – Additional Coverages, Conditions, Definitions form, FP 00 90 04 16. The standard deductible is $250.