The FC&S editors recently discussed an interesting issue: the meaning of “physical injury” in conjunction with a claim for property damage under the CGL form.
Property damage is defined in the CGL form as “physical injury to tangible property” or “loss of use of tangible property that is not physically injured.” There is usually no problem with the meaning of “tangible property”—but what is “physical injury”?
This issue arose with a question about whether a change in color is physical injury such that the CGL form includes it in the definition of property damage. The insured did some work on a customer's tile floor, and the tile later changed color. The customer, of course, wanted the tile repaired or replaced. Setting aside the issue of whether any exclusion applies, was there property damage as defined in this incident? Was there actual physical injury?
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