(April 2024)
IH DS 64–Furriers Block Declarations |
Most commercial property coverage forms and policies do not cover the theft of furs and fur trimmed garments. As a result, dealers must use Insurance Services Office (ISO) Furriers Block Coverage Form or a similar independent coverage form to adequately cover their stock. This coverage form insures furs, fur garments, fur-trimmed garments, and related accessories. Because dealers often work together, property of others in the fur trade in the named insured's care, custody, or control can also be covered.
Coverage applies at the dealer's location, off premises, and in transit by many different modes of conveyance. Coverage can also be provided when the property is in show windows at the dealer's premises.
When this coverage form is used, the value of the items covered under this form should be removed from the business personal property coverage form to prevent a duplication of coverage because, while coverage for theft is very limited, coverage for the other causes of loss is not.
Furriers Block Coverage requires at least the following seven forms:
Related Article: IL 00 17–Common
Policy Conditions Analysis
Related Article: CM 00 01–Commercial Inland Marine Conditions
The advisory Furriers Block Declarations does not have spaces for the named insured, its mailing address, other named insured information, the policy period, or the description of the insured business. That information is on the Common Policy Declarations. IH DS 64 contains the following information:
The name of the insurance company that provides the coverage and the name of the agent or broker that produces the business are entered in the spaces provided.
This section has spaces to enter the limits of insurance.
Note: There is no space to enter the location address.
Specific entries are:
· Property Away From Your Premises and Not Included Above
This section has spaces to enter the limits of insurance for optional coverages.
Note: Each item below requires an entry for protected and unprotected show windows. However, the coverage form does not define the terms protected and unprotected.
· Show Windows at Insured's Premises While Open to Business
· Show Windows at Insured's Premises While Closed to Business
· Money
Note: There is no Optional Coverage for the Additionally Covered Property section within the coverage form that changes these items from Not Covered to Property to Covered Property because a limit is entered. Instead, IH 99 25–Additionally, Covered Property endorsement must be attached, which explains the coverage being provided.
· Additionally, Covered Property
This section has a space to enter the coinsurance percentage that triggers the coinsurance condition for Additionally Covered Property Optional Coverage.
Note: The coverage form does not have a coinsurance condition.
This section has a space to enter the amount of deductible that applies to the following:
This section has a space to enter the annual premium for the coverage(s) provided.
Any special provisions are entered in the space provided.
This analysis is of the 12 13 edition. Changes from the previous edition are in bold print.
This
section encourages carefully reading the entire coverage form to determine what
is covered, what is not covered, rights, and duties. It defines we, us, and our as the insurance company that
provides this insurance coverage. It also defines you and your as the named
insured on the declarations. The reader is also pointed to the Definitions
section because certain words or terms used in the form have a broader or
restricted meaning.
The insurance company pays for direct physical loss or damage to covered property, but only when that loss is from a covered cause of loss.
Covered property is the following:
a. Furs, fur garments, fur-trimmed garments, and other stock in trade that the named insured uses in its business
b. The same type of property as above that has been sold but that has not yet been delivered
c. Similar property described in a. and b. above of others in the named insured's care, custody, or control. Such property may belong to a dealer or a party engaged in the fur trade. In that case, this coverage is limited to either the money that the named insured advanced for the property or the named insured’s legal liability for it.
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Example: Farlow's Furriers is primarily a large retail fur dealer. However, a portion of its premises in the building it owns is dedicated to repairs to property of others. Customers include those in the fur business and individuals who own personal furs. Farlow can insure the value of its stock in trade under this coverage form, including all property of others it has in its custody. |
Note: The property this coverage form insures is significantly different than property that nearly all other commercial property coverage forms and policies insure. In fact, most of them either totally exclude the property this coverage form insures or limit the theft coverage. Most businesses that qualify for and need the coverage this form provides still need some of the coverages other standard commercial property coverage forms and policies provide because this coverage form is not designed to insure all exposures.
2. Property Not Covered
The following described property is excluded:
a. Property of others that has been accepted for storage
Note: This property should be covered by Furriers Customers Coverage.
Related Articles:
Furriers Customers Custody Policy
ISO Furriers Customers Coverage Form
b. Animals
Note: Some animals are insured under traditional filed livestock coverage forms or farm policies. Others can be covered under animal mortality coverage forms.
Related Article: ISO Animal Mortality Coverage Form
c. Property at ranchers', breeders', growers’, or trappers' locations
d. Property that has been sold under any deferred sales agreement after it leaves the named insured's premises
Example: Farlow's occasionally arranges to finance and sells high-end merchandise under several different installment sales arrangements to its high-income, upper-class clientele. Farlow’s purchases an Installment Sales and Leased Property Coverage Form to cover its interest in the financed furs. |
Related Articles:
AAIS Installment Sales Coverage Form
ISO Installment Sales and Leased Property Coverage Form
e. Property at any trade show or exhibition that is put on by or promoted with financial assistance from a public or government authority or trade association
Example: Farlow's participates in a few exhibitions each year, but each is part of (and supports) local charities or not-for-profit organizations in their annual fund-raising efforts. Coverage applies to Farlow's property at these events because they are not connected with any excluded organizations. Any loss at one of these shows is subject to the Property Away From Your Premises and Not Included Above limit. |
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f. Property exhibited in show cases or show windows at locations other
than the named insured's premises
g. Property that is being worn by any of the following:
There is also no coverage if the property is in the custody of any of the above with the intent to wear it, even if they are not wearing it at the time of the loss.
There is an exception. Coverage does apply to furs or fur-trimmed garments that are being modeled at the named insured's location, at other dealers' locations, or at a covered exhibition.
Note: This is almost an absolute exclusion required because of the relative ease of "snatch and run" type losses that involve covered property worn by wealthy individuals at a variety of social events, fund-raisers, banquets, and dinners. Most furriers do not loan out such property to be worn at such events. The ones that do must make extensive security arrangements on their own to minimize or eliminate the possibility of "grab and go" type theft losses.
h. Property in transit by:
The one exception is that property sent by United States Postal Service (USPS) Registered Mail is covered
There are multiple exceptions. Coverage applies to:
o Property shipped by express carriers.
o Property that is subject to a receipt issued by railroad, water, or air carriers’ passenger parcel transportation or baggage service.
o Property sent by air carriers' passenger baggage service with delivery to the passenger at the final destination when it is treated as accompanied baggage and subject to air freight tariffs. This means this property is subject to the limit of insurance on the declarations for Property Away From Your Premises and Not Included Above instead of the property in transit limit.
There are many exceptions. Shipments in a named insured owned or operated vehicle are covered as are shipments with contract or common carriers. Shipments by express carriers, similar parcel delivery services shippers, and passenger bus lines’ parcel transportation and baggage services are covered.
Example: Three men attack Shirley while she is putting fuel in her car at a truck stop. They steal luggage containing nearly $500,000 in furs from her trunk. Shirley is a courier for a fur dealer. This loss is excluded because the property was not being transported in one of the acceptable modes of transportation. |
i. Any property that is illegal for the named insured to own or in illegal trade or transportation is not covered.
Note: Furniture, Fixtures, and Office Supplies; Machinery, Tools, and Fittings; Patterns, Dies, Molds, and Models; and Improvements and Betterments are not specifically listed as not covered property, but they also do not meet the description of covered property. If coverage for any of these is desired, IH 99 25–Additionally Covered Property endorsement must be attached because that endorsement provides an explanation of the coverage being provided.
3. Covered Causes of Loss
Covered causes of loss are direct physical
loss or damage to covered property except for causes of loss listed in the
exclusions section.
4. Additional Coverage–Collapse
This additional coverage is here because of the Collapse Exclusion. The only type of collapse that is covered is as described below.
(1) Only an abrupt falling down or caving in of a building or part of a building is considered collapse. An additional part of this definition is that the building must not be able to be occupied as intended following that collapse.
(2) Direct physical loss or damage to covered property due to such an abrupt collapse is paid only if it is the result of one of the following:
(a) Building decay that is not visible. This does not apply if an insured knew about such decay before the collapse.
(b) Damage from insects or vermin that is not visible. This does not apply is an insured knew about such damage before the collapse.
(c) Defective materials or methods that are used in a construction, remodeling, or renovation project. This applies only when the collapse occurs during that project.
(d) Defective materials or methods used in a construction, remodeling, or renovation project that cause the collapse after the construction, remodeling, or renovation is complete. This applies only if one of the following is responsible for the collapse:
(3) This additional coverage does not increase the limits of insurance that this coverage form provides.
5. Coverage Extension
Theft Damage to Buildings
a.
The insurance company pays
for loss or damage to any part of the building that contains covered property
when the reason for the loss or damage was a theft or an attempted theft. This
extension also pays for such damage to building maintenance or service
equipment. Coverage applies only if the named insured either owns the building
or is being held legally responsible for such damage.
b.
There are limitations as to
what damage is paid. Theft caused fire
damage is not covered. Also, damage to glass or to lettering or artwork on that
glass is not covered.
This coverage extension is included in the limit of insurance that
applies to covered property at the location where the loss or damage occurs.
Example:
Patrick, the owner of Farlow's
Furriers, is struck in the head as he leaves the store. The two thieves storm
through the unlocked door. They are angry when they discover that most of the
stock has been placed into the storage vault, which is locked and under a
timer. They find a fire extinguisher and use it to pound on the door to open
it. They grab other items throughout the store in many attempts to break open
the door but finally leave when all attempts fail. The damage to the vault
and all other building property and building maintenance and service
equipment is covered. |
6. Coverage Options
Note: The limits provided for these options are sub-limits of the limits available at the specific premises. They are not additional amounts of insurance.
a. Show Windows
Loss or damage due to theft or attempted theft as a result of smashing or cutting into a show window is covered if the window is on the named insured’s premises, and there is a limit for that coverage on the declarations.
b. Money
Loss or damage to money due to theft is covered. However, the money must be kept in locked safes or vaults on the named insured’s premises. This coverage applies only if there is a limit on the declarations for the coverage and the safes and vaults are actually broken open.
Note: This means that theft from an open vault is not covered.
1. Primary Exclusions
The first group of exclusions applies
whether or not the loss event results in widespread damage or affects a
significant geographical area and is essentially absolute. Subject to specific
exceptions, each is totally excluded, regardless of any other cause or event
that contributes to a loss, either concurrently or in any other sequence. The
insurance company does not pay for any direct or indirect loss or damage caused
by or that results from any of these events.
a. Earthquake
This exclusion applies to only earthquake –
not earth movement. There is an exception that if an earthquake causes a fire,
that damage from resulting fire is covered but then only if this coverage form
provides coverage for that fire.
This exclusion applies only to property at
the named insured’s premises.
Note: This exception is important. It means
earthquake coverage applies when the property is in transit, at exhibitions, or
anywhere else away from the described premises.
b. Governmental Action
This exclusion applies to the legal and
authorized seizure or destruction of property by a government entity’s order.
There is one exception. Loss or damage that is caused when the governmental
entity orders property to be destroyed is covered if used as a method to
prevent a fire from spreading is covered. However, this exception applies only
if the fire being contained would have
been a covered fire under this coverage form.
c. Nuclear Hazard
Nuclear reaction, radiation, or radioactive
contamination is not covered. There is an exception. If a fire results from the
nuclear reaction, radiation, or radioactive contamination, there is coverage
for the direct loss or damage caused by that fire.
d. War and Military Action
This exclusion lists three specific warlike activities.
e. Water
Water is flood,
surface water, waves, tidal water, tidal waves, tsunami, overflow of any body
of water, or their spray, all whether wind
driven or not even if called storm surge. Loss or damage from waterborne material that any water described
above moves or carries is also excluded.
This exclusion applies even if an act of
nature or another event causes any of the above.
There are two exceptions:
Note: This exception is important. It means that
coverage for water damage applies when the property is in transit, at
exhibitions, or anywhere else away from the described premises.
2. Secondary Exclusions
The second group of exclusions applies to
loss or damage caused by or resulting from any of the following loss events.
Some of these exclusions have exceptions, conditions, or limitations that
should be noted and reviewed carefully. The insurance company does not pay for
any loss or damage caused by or resulting from any of these events.
a. Delay, loss of use, and loss of market
These are consequential or indirect losses
that develop as a result of a direct loss or damage.
b.
Theft from any vehicle
There is no coverage when loss or damage is
due to theft from any vehicle. There is an exception. There is coverage if the
named insured or an employee is actually in or on the vehicle when the theft
occurs. If the named insured or employee cannot be physically in or on the
vehicle, it can hire someone to stay with it and coverage will continue to
apply when that individual is in or on the vehicle at the time of the theft.
This exclusion does not apply to covered property shipped via the United
States Postal Service or other carriers.
Example:
Farlow's employee David is delivering a fur wrap to a nearby customer.
When he reaches her gate, he opens the door to reach the gate intercom when
two individuals jump from the bushes,
drag him out of the car, and speed away with the vehicle and the wrap. The
car is later recovered, but the merchandise is gone. The good news is that
the surveillance camera at the gate verified that David was in the vehicle at
the time of the theft, so this exclusion does not apply. |
c.
Unexplained disappearance
When covered property is gone, and there is
no obvious cause or explanation of what happened to it.
d. Shortage
found upon taking inventory
Any loss that is discovered as a result of
an inventory shortage and there is no explanation as to what happened to the
property, like unexplained disappearance. This is sometimes referred to as
"inventory shrinkage."
e.
Shortage of property
When the contents of a shipped parcel are
fewer when they arrive at the consignee than when the shipment was prepared,
despite the package being in good condition with all required seals intact,
there is no coverage.
Note: This intent of this exclusion is similar to the exclusions for unexplained disappearance and shortage found
upon taking inventory.
f.
Dishonest or criminal acts (12 13
changes)
These are any dishonest or criminal acts the
named insured, its partners, employees,
temporary employees, leased workers, officers, directors, trustees,
authorized representatives, or members and managers of a limited liability
company commit. This also includes
theft.
Such acts committed by anyone with an
interest in the property, their employees,
temporary employees, leased workers, or authorized representatives who act
alone or who act in collusion with other parties or with each other are also
excluded, except for the following:
This exclusion also applies whether or not
the acts take place during regular working hours.
This
exclusion does not apply to acts of destruction by the named insured’s
employees, temporary employees, leased workers, or authorized representatives.
However, there is no coverage for theft by the named insured’s employees,
temporary employees, leased workers, or authorized representatives.
Note: This exclusion is different than the same exclusion in all other ISO non-filed inland marine coverage forms because of the three exceptions listed. These exceptions relate to the way furriers transact business.
g. Theft or attempted theft from show windows
Loss or damage due to theft or attempted
theft of covered property in show windows at the named insured's location is
not covered.
There are two exceptions:
Note:
Refer to 6. Coverage
Options a. Show Windows above.
h.
Processing or work upon the property
Loss or damage caused when covered property
is being processed or worked upon is not covered. This applies regardless of
who is doing the processing. There is one exception. If a fire or explosion
results from such work or processing of covered property any damage to covered
property caused by that fire and explosion
is covered but only if the fire or explosion is otherwise covered under this
form.
i.
Insufficient or defective packing
Loss or damage caused when covered property is being processed or worked
upon is not covered. This applies regardless of who is doing the processing.
There is one exception. If a fire or explosion results from such work or
processing of covered property any damage to covered property caused by that
fire and explosion is covered but only if
the fire or explosion is otherwise covered under this form.
Example:
Farlow's usually has a professional mailing service package and mail out
of town purchases. However, it decides not to use the service to send a pair
of fur-trimmed leather gloves because of the small size of the package and
the excessive cost of using the service. Unfortunately, the packaging does
not hold up to the torrential rainfall at the destination. The gloves are
completely soaked and destroyed. This
loss is not covered because inadequate packaging contributed to the loss. |
j. Voluntary parting
When covered property is transferred to
another person or place because unauthorized instructions were received to do
so.
k. Unauthorized instructions
When covered property is transferred to
another person or place because unauthorized instructions were received to do
so.
l. Neglect
Neglect on an insured’s part to take
reasonable measures to preserve and protect covered property from subsequent
damage during and after the time of loss.
3. Other Exclusions
This group of exclusions applies to loss or
damage caused by or resulting from any of the following loss events. In every
case, if loss or damage by a covered cause of loss occurs as a result of one of
these excluded events, coverage applies to the loss or damage the resulting
covered cause of loss causes. The
insurance company does not pay for any loss or damage caused by or that results
from any of these events.
a.
Weather conditions
This is loss or damage to covered property
that weather conditions cause. This exclusion applies only if the weather
conditions contribute in any way to a cause or event that involves the
following 1. Primary Exclusions to produce the loss or damage:
·
a.
Earthquake
·
b.
Governmental Action
·
c.
Nuclear Hazard
·
d. War
and Military Action
·
e.
Water
b. Acts
or decisions
Acts or decisions any person, group,
organization, or government entity makes that result in loss or damage. Failing
to act or to make decisions is also excluded.
c.
Faulty, inadequate, or defective
With respect to all or part of any property
wherever located, coverage does not apply to any of the following faulty,
inadequate, or defective:
d.
Collapse
Collapse is excluded. This means the following property conditions are also excluded:
This exclusion has two exceptions.
e. Gradual deterioration and hidden or
latent defect
Loss or damage to covered property due to
gradual deterioration or hidden or latent defect.
Notes:
Gradual deterioration is a slow or
deliberate decline in covered property’s quality or serviceability.
Hidden or latent defects are concealed flaws, weaknesses, or
imperfections in covered property or any quality in the property that causes it
to damage or destroy itself.
This exclusion also excludes loss or damage
caused by insects, vermin, rodents, corrosion, rust, dampness, cold or heat.
Notes:
Examples of insects, vermin, and
rodents are mice, rats, cockroaches, squirrels, beavers, spiders, ants, centipedes,
and ticks. Each is characterized by destructive habits that cause damage, such
as gnawing and nibbling.
Rust and corrosion are low-temperature oxidation processes that result
in deterioration over time due to inactivity or neglect.
Dampness and temperature extremes can affect the oxidation process that
affects different forms of covered property.
The most the insurance company pays for loss
or damage in a single occurrence is the limit of insurance on the declarations for
the applicable coverage.
The insurance company does not pay for loss
or damage until the amount of the adjusted loss or damage (before capping with the limit of insurance that applies)
exceeds the deductible on the declarations. It then pays the amount of the
adjusted loss or damage that exceeds the deductible up to the applicable limit
of insurance.
This condition replaces the Valuation General Condition in the Commercial Inland Marine Conditions.
a. Unsold property is valued at the least of the following:
b. The value of the property that is sold but that has not yet been delivered is a calculated value. It is the net selling price of the property reduced by any allowances and discounts that would have been provided for that property.
c. Property of others in the named insured's care, custody, or control is valued in a two-step process. The first step is to determine the value of the labor and materials the named insured added to the property of others. The lower of the following is then added to that amount:
The value of the property that sustained loss or damage is determined at the time of the loss or damage.
2. Other Conditions
These conditions apply in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions.
a. Coverage Territory
The coverage territory is wherever covered
property is within or between the United States of America, its territories and
possessions, Puerto Rico, and Canada.
b.
Protective Safeguards
If the named insured states in the
application that a protective safeguard is in place at a premises, that protective safeguard must be maintained and
operational whenever the premise is not
open for business.
If that safeguard is not operational when
the premise is closed, all coverage at
the premises is suspended until it becomes operational again.
Note: This is a very important warranty that
removes all coverage, regardless of the cause
of loss, when the protective safeguard goes down. There are no exceptions.
Example:
The weight of ice and snow takes
the electricity out for the town. Farlow
is notified by his burglar alarm provider the alarm is not operational due to
the lack of electricity. Farlow is notified, but he is more concerned about
his personal residence than his business. While the alarm is not active, the
roof collapses and damages the contents. Because the alarm was not active,
all coverage under the policy had been suspended, so Farlow has no coverage
for the roof collapse damage. |
c. Records and Inventory
The named insured is required to maintain
accurate records for the insured business
and to hold them for at least three years after the policy expires. The records
that must be maintained are the following:
d. Changes to Premises
Coverage does not apply to property where
the risk of loss or damage materially increases by changes at the location or
to property situated in expansions of the location listed on the declarations unless
the insurance company’ has provided written permission.
e. Attachment of Proposal
The named insured must sign the Proposal for Furriers Block Coverage Form. It must then be attached to the Furriers Block Coverage Form to activate coverage.
Note: Other than Jewelers Block coverage, this is the only coverage in standard insurance lines of coverage that requires that the application for coverage (Proposal for Furriers Block Coverage Form) be attached to the policy to activate coverage.
ISO has developed one proposal form for use with the Furriers Block Coverage Form.
IH 44
01–Proposal for Furriers Block Coverage Form
This is the application for Furriers Block coverage. The applicant must complete each section entirely and sign it. Along with the Jewelers Block Coverage Form and the Proposal for Jewelers Block Coverage Form, the Furriers Block Coverage Form and the Proposal for Furriers Block Coverage Form are unique in the insurance industry because the proposal is attached to and becomes part of the coverage form. Without it, the policy is void, and there is no coverage. A separate proposal is required for each covered location.
The proposal is extremely detailed and contains 15 sections that address virtually every physical aspect of the business. Only the applicant has the knowledge and information to properly complete it, but the agent must be available to assist in completing it.
ISO has developed two other endorsements that can be used to respond to specific situations.
IH 99 19–Additional Covered Property
This endorsement is used to include coverage for types of property ordinarily excluded.
IH 99 20–Additional Property Not Covered
This endorsement is used to exclude certain types of property the coverage form insures.
IH 99 22–Loss Payable
Loss payees with insurable interests in
covered property are listed on this endorsement along with the property in
which they have that interest.
Note: No commitment is made to notify them of any cancellation.
IH 99 25–Additionally Covered Property
Furniture, fixtures, office supplies, machinery, tools,
fittings, patterns, dies, molds and models, and improvements and betterments
can be added to the policy by attaching this endorsement. It has an unusual
valuation condition and is subject to coinsurance. A better approach may be to
use standard commercial property coverage forms.
Underwriting furs, fur-trimmed garments, and the other exposures this coverage form insures focuses heavily on theft, burglary, and hold up issues. Alarm systems, storage arrangements, and the risk's location must all be considered. Does the named insured remove property from the premises? If so, what precautions does it take? How is property inside the location handled? How are show windows locked, and who controls the keys? Showroom windows and smash and grab hazards are always key underwriting areas to consider.
Underwriting must also evaluate the risk’s physical characteristics and the extent to which the named insured effectively controls and manages its properties and exposures. Any furrier usually occupies a fixed location that is subject to the same fixed location exposures to loss as any other business. Stocks of furs and fur-trimmed garments are easily moved and are highly attractive and susceptible to theft or burglary. These factors demand a close evaluation of the make-up of each risk’s inventory. Off premises issues to consider involve goods in various forms of transit and the custody of salespersons for retail operations and sales agents for wholesale operations.
Location factors to consider include exposure to losses by fire. This involves evaluating the building construction, the exact nature of the occupancy, exposing occupancies, and public and private fire protection. Furs not on display should be kept in storage, and procedures should be in place to have high-valued merchandise removed in case of a fire. If the risk is equipped with automatic sprinklers, storage and display arrangements should be evaluated, and stock especially susceptible to water damage should be located away from it and protected by other means. Damage from water can be reduced or eliminated by having furs stored on shelves in some cases instead of simply on hangers in the open. Earthquake issues may be present in certain geographical areas.
Burglary is a critical issue. Premises should always be protected by an excellent quality alarm system that covers all exterior openings connected to a certified central station alarm facility. Theft and mysterious disappearance are common issues for this class of business. Background checks should be performed on all persons before they are hired. The premises should be equipped with video surveillance equipment. Arrangements should be made and procedures put in place that address display and storage issues. Furs and fur-trimmed garments displayed in show windows should have suitable protection, and merchandise should be removed from them when the premises are closed. The same procedures should apply to property at other locations, at exhibits, and at trade shows.
Transit exposures should be addressed using many different modes of transportation, varying the pattern and frequency of trips, and keeping values shipped as low as possible. Strict accounting and sign-off procedures should be incorporated, and carriers evaluated to be certain they are experienced, qualified, and up to the task.
Salespersons and selling agents should also vary their routes and schedules to avoid developing a pattern that a would-be perpetrator might capitalize on. Security issues such as traveling by personal vehicle, taxis, or other public vehicles and by foot must be evaluated and appropriate arrangements made, and procedures followed. Ownership and management issues may be the most important of all. The named insured's financial condition dictates the degree of attention to protective devices and procedures incorporated into the business. Its experience in the business and hiring practices are other essential elements to consider and evaluate. Developing and implementing plans, procedures, protocols, and actions to take in an emergency in advance of need are other critical factors. Maintenance and care of the premises and protective devices also affect the overall desirability and success of a fur business.