Common Area Staircase Damaged

 

September 1, 2014

 

Our insured has a BOP policy. The insured leased an area in a building in which to run a restaurant. In a common area of the building the insured used a degreaser and power washer to clean a spiral staircase, which damaged the staircase. Even though the area is considered a common area, would exclusion k. (1) apply?

Pennsylvania Subscriber

Based on the facts given, it seems that the insured has a responsibility, or has taken upon himself the responsibility of cleaning parts of the common area. If this is part of the lease agreement, then the exclusion will apply. You need to check the lease agreement to see exactly what it says concerning the area leased by the insured.