Three claims disputes came to my attention recently that caused me to wonder about real property versus personal property. One claim involved underground cable; one involved street signs; and the last one involved windows.
In the first claim, the insured was hired to install modern underground cables. The job was completed, but when the insured went to pull out the old, outdated cable, the new one was struck and damaged. So, this begs the question: Is the new cable the named insured's product, which would then be subject to the “damage to your product” exclusion in the general liability policy?
There is no doubt that the cable was sold and handled by the insured and that fits the definition of “your product” in the liability policy. But, “your product” does not include real property. The legal definition of real property is “land, and generally whatever is erected or growing upon or affixed to land.”
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