Filed Under:Agent Broker, Coverage Issues

Care, Custody or Control, part 2

Besides specific claims, learn about overall context

Welcome back, CGL fans, to part 2 of our discussion on care, custody or control (c,c,c). If this was television, you would now hear the announcer intoning "Previously on Policy Issues..." Or in the movies a simple text would appear: "A long time ago, in an article far, far away..."

Not that last month was that far. But if you can believe numerous consumer studies, most of you not only won’t remember as far back as April’s issue, but have already forgotten why you started reading this one. So I had best press on quickly.

CGL, Exclusion j. Damage to Property - there is no coverage for "property damage" to:

(4) Personal property in the care, custody or control of the insured;

1. Bailment situations. The blanket exclusion for personal property has been long interpreted as belonging to the vast plethora of what I scientifically categorize as the "someplace else" exclusions. Namely, the entire reason for the exclusion is, "we don’t cover it here because we want to cover it someplace else."

For example, within this plethora one finds the near universal existence of liability exclusions applicable to autos and workers’ compensation. You want coverage for those, get thee hence and buy an auto or work comp policy. You can almost hear the CGL singing Tom Petty: "Don’t come around here no more." If bailment be your focus, inland marine be your game.

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