The lease between a landlord and tenant expires, tenant vacates the property, and enters into a 6 months, no charge, agreement for storage space at the same property, but at a different unit within the commercial building, with renewable terms for an additional fee. The storage agreement clearly states that this is not a bailee situation.

At sometime within the initial 6 month period, a representative of the landlord mistakenly discards the tenant's stored property, believing it had been abandoned. The tenant files a lawsuit.The landlord's insurer denied coverage, citing the care, custody, or control exclusion.

Is the care, custody or control exclusion applicable to this situation? Does ccc require the bailee/bailor relationship?