It’s All About Location – Be Cautious In which the Business Parks Its Trucks and Trailers
Within the standard Commercial Property Building and private Property Coverage Form, business personal rentals are covered from certain named challenges, only towards the extent the property (during the time of losing) was situated in or around the building described within the Declarations or on view (or in the vehicle) within 100 ft from the described premises. You should possess a lawyer focusing on insurance policy check out the entire policy to make sure that the company has got the coverages from losses the small business and expects (e.g. thievery, loss from premises).
As pointed out above, the “100 feet rule” frequently arises in the event of thievery of economic personal property which was left in the vehicle or trailer within the companies parking area. When the business described within the Declarations is really a standalone business in which the entire building is owned or leased through the business, then as lengthy because the trailer is parked within 100 ft from the building, then tthere shouldn’t be coverage dispute, a minimum of regarding this particular coverage provision.
The issue arises once the business rentals are stolen from the truck or trailer of the company which was inside a parking area shared by a large number of companies (e.g. a mall or shopping mall). See Evergreen National Indemnity Co. v. Tan Everything, Corporation., 111 S.W.3d 669 (Tex. Application. – – Austin 2003, no writ). In Evergreen, the company sued its insurer under its commercial property policy after a little tanning beds were stolen from trucks which were parked within the shopping mall parking area. As the trucks were within 100 ft from the shopping mall structure, the trucks weren’t within 100 ft from the area of the shopping mall leased through the business, and most importantly, within 100 ft from the premises described within the Declarations. The Declarations correctly identified the company location by location (the shopping mall) and also the specific suite number occupied through the business.
A Legal Court of Appeals held that there wasn’t any ambiguity within the Declarations concerning the loss location, and also the denial of coverage while using 100 feet rule was upheld. When I have emphasized in prior articles, every word within an insurance plan, and here, within the Declarations, includes a purpose. So, for that business proprietor, when departing during the night, make certain that coverage will exist should a named peril result in a lack of business personal property by parking the company trucks and trailers within 100 ft from the area of the building described within the Declarations.
There are more protections readily available for a company to safeguard against thievery of economic personal property, whether it’s within 100 ft from the insured location described within the Declarations. For instance, the company could buy a Commercial Inland Marine Condition Policy which should provide coverage for thievery of economic personal property “off premises.” Additionally, in the event that coverage alone is inadequate in line with the kind of work done by the company, the company could purchase supplemental business personal property coverage that expands the named challenges which are covered.