The insured is a transportation long haul trucking entity with terminal operations in NJ. This loss occurred at the insured premises and during terminal operations at the premises; the involved operation in this claim was snow removal. There is a commercial charge to use the snow removal machine, and the insured has a snow and ice exclusion endorsement (CG 72 41) attached to the CGL policy form.
The snow removal operation is done to clear snow and ice from cargo trailers. The insured uses owned terminal portable snow clearing equipment which includes a lift blade and collector to do the job (looks like it's an installed over head crane with attached blade; driver stays in his vehicle and drives under the blade; a little different than a car wash operation).On 2/8/2011 the insured equipment severely damaged a customer's cargo trailer that drove under it. The reason was the insured did not clear snow mounds collecting on the ground under the crane mounted blade to remove snow. The claimant drove his vehicle over the collected snow on the ground causing a blade malfunction to damage the roof and housing of the cargo trailer being cleared. The insured admits the area must be cleaned after each operation otherwise blade malfunction occurs. The insured admits failure to do this and neglect in causing the damage to the customer trailer. Damages are near $12,000.
Does our snow removal endorsement (CG 72 41) preclude coverage in this circumstance i.e. maintenance of a vehicle involved? Does exclusion j.4 in the policy form apply for care, custody and control of personal property? Does exclusion g. in the policy form for aircraft, auto and watercraft apply?
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