Glass Damage and the CGL Form

Q

Our insured is a window cleaner. One of his friendly competitors had a claim involving scratched windows which the competitor's insurer denied. So, our insured has asked us whether he would have liability coverage in the event he scratched some windows while cleaning them. We told him we would check into it and let him know, and we are seeking your ideas on this matter. Please help.

Illinois Subscriber

A

If the insured scratches the windows while cleaning them or otherwise working on them, exclusion j.5 on the CGL form is applicable. This exclusion applies to property damage to that particular part of real property on which the insured is performing operations if the property damage arises out of those operations. In your situation, the insured was cleaning the windows and in the process of that operation, damage was done to the windows. This is a business risk exclusion. The insurer does not want to have the general liability form act as a performance bond.

If the insured scratched the windows, but the damage did not show up until after the work was done, that is a completed operations act that is excluded by exclusion l., damage to your work. Here again, the insured was engaged in his or her business and faulty work was performed; again the CGL form will not apply as a performance bond to guarantee the insured's work. This exclusion is not applicable if the work was done by a subcontractor instead of the insured.

Therefore, since window cleaning is the named insured's work, and the damage was done while the insured was performing his or her work, the exclusions on the CGL form will apply.

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