One of our CGL insureds terminated the employment of an employee who had parked her automobile on the company's parking lot. The vehicle was parked in a no parking zone next to a dumpster. The employee never came back to remove her vehicle. The waste control company could not empty the dumpster because the vehicle was parked next to the dumpster. The insured's warehouse supervisor instructed an employee to move the vehicle, but the warehouse employee had no keys to the car. He proceeded to move it with a forklift and damaged it. The car's owner has sought recovery for the damage.

The insurer declines coverage based on exclusion “j(4)”, property damage to personal property in the care, custody, or control of the insured.

Because of this denial, we are concerned with how the insurer will view damage to tractor trailer units that make delivery to our insured's warehouse if the trailer is damaged while:

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