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Question: We have a self-storage facility insured under an unendorsed ISO BOP form BP 00 02 01/87 and BP 00 06 01/87. The facility mixed up the storage unit numbers and inadvertently sold off the stored property of the wrong renter. That renter is suing for sold & discarded merchandise of $20,000. Underwriting contends that Liability does not extend due to the Care, Custody & Control exclusion in the Liability form. Further, the Property of Others in the Property form limits coverage to $2,500. Claims says they are handling it as Liability due to negligence as the insured does not have ccc, but only has access to the units for emergency or failure to pay rent. Further they do not feel that the $2,500 Property limit applies to a 3rd party claim. Your opinion would be appreciated.
— Kentucky Subscriber
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