One of our insureds would like to have a party for its employees in the building parking garage. The insured intends to hire a band to provide musical entertainment but the band does not have insurance. Would our insured's CGL form provide any liability coverage for possible bodily injury or property damage caused by the band members?

Ohio Subscriber

The insured's CGL form would provide liability coverage for the insured in case a claim for BI or PD was brought against the insured due to events happening on the insured's property. Whether the insured would be liable for the injury or damage caused by the band is another issue, but the CGL form would be applicable to a claim made against the insured.

However, there would be no coverage for the band or its members. The "who is an insured" clause on the CGL form makes no provision for coverage for the band since it is, in effect, an independent contractor. The only way the band would be covered for its actions under the insured's CGL form would be if the band were to be considered employees of the insured. And that does not seem to fit this scenario.

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