Rented or Occupied Property Covered under CGL Form?
Q
Our CGL insured is a small electronics manufacturing firm. Frequently, the owner, the named insured, travels out of town to visit customers and potential customers. While away, she stays at a hotel for a period usually not exceeding a week, but sometimes longer. We are concerned about the “damage to property” exclusion, particularly j.(1), “property you own, rent, or occupy.” If our insured accidentally damages a hotel room, will the CGL respond?
Ohio Subscriber
A
The answer depends upon which CGL form is in use. Under the 1996 form, for example, if the named insured accidentally set the room afire, the exception to the exclusion would apply. Under this exception, the exclusion “[does] not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner.” So long as the damages do not exceed the limit for this coverage, then the loss is covered.
On the other hand, if the named insured damaged the room in some other manner — left the bathtub running so that it overflowed and ruined the carpeting and furniture, perhaps — then the exclusion applies with no exception.
The 1998 form addresses this gap in coverage. If a premises is rented to “you” (the named insured) for a period of 7 or fewer consecutive days, then paragraphs: (1) property you own, rent, or occupy; (3) property loaned to you; and (4) personal property in the care, custody or control of the insured do not apply.
Likewise, the Fire Damage Limit provision has been altered so that it is now the Damage to Premises Rented to You limit.
Note, though, that this coverage only applies for a period of seven consecutive days; if the named insured's road trip entails remaining in one location for a longer period of time, it might be prudent to recommend a change in hotel.
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