Partnerships and Individuals—Who Is An Insured?

The commercial general liability (CGL) coverage form is supposed to be rather comprehensive in nature in that all operations and premises of the named insured are covered unless specifically excluded. However, we have a situation that raises a question about which policy insures which entity.

One of our clients is the named insured on policy A and is designated as an individual. The same individual is a partner in a partnership that is a named insured on policy B. A lawsuit is brought against the partnership due to an injury arising out of the use of a certain premises owned by the partnership. Can our client seek coverage under both policy A and policy B? We are not sure of the answer especially since the lawsuit names both the partnership and each of the partners individually as defendants. What are your thoughts?

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