Our insured has a motor carrier policy and a CGL policy for their trucking business in PA. A moving company was in the process of moving a customers belongings in a trailer when the trailer was damaged in route. The moving company brought their trailer to our insured to repair and while the insured was welding the trailer it caught on fire damaging the trailer and personal belongings of the moving company in the trailer.
We are wondering whether this would fall under the CGL or possibly the auto or if this may be a property loss for damage to property of others in your care. Would the care, custody, control exclusions apply to the trailer? To the personal belongings?
Pennsylvania Subscriber
The trailer would not be covered under auto policy because it was not damaged in an auto accident. The loss would not be covered under the CGL because the trailer meets the definition of "auto" which includes a trailer designed for travel on public roads, and also the personal property would be excluded under the CGL damage to property exclusion for personal property in the care, custody or control of the insured.
This loss will fall under the commercial property building and personal property coverage form, as it is covered personal property in the insured's care, custody or control; and fire is a covered cause of loss.