Deciding landlord 'care, custody or control' for insurance claims

February 20, 2019 at 11:39 AM
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Analysis brought to you by the experts at FC&S Expert Coverage Interpretation, the recognized authority on analysis for the P&C industry. To find out more — or to have YOUR coverage question answered — visit the National Underwriter website, or contact the editors via Twitter: @FCSbulletins. Question: We insure a bowling alley that leases space to an individual who owns and operates a pro-shop. The pro-shop is a separate entity from the bowling alley. Our insured building suffered a total fire loss. The official cause was undetermined. There was no negligence on the part of our insured. The pro-shop owner did not carry his own insurance and is looking for coverage under Personal Property of Others in our care custody or control. Our insured had a key to the leased space, but only to access mechanicals that directly serviced the insured building. Our insured had nothing to do with any business activity related to the pro-shop, although our insured had a key to the pro-shop. Does that necessarily mean the pro-shop merchandise and equipment are under our care custody or control and would Property of Others coverage even apply to this situation?— Michigan Subscriber