Q
The verb “to accept” figures importantly in both business auto and commercial general liability forms in the context of the handling of property. It has been suggested that the term is open to a figurative interpretation as well as literal; i.e., the property to be handled may be “accepted” for movement upon the signing of the contract for moving or at the moment the mover lays hands on it preparatory to moving it. Do you agree?
New York Subscriber
A
“Accepted” is not the operative word in the handling of property provisions of either contact. Rather, “accepted” is a modifier of “place.” And what is excluded (CGL) or covered (BAP) is coverage for bodily injury or property damage liability occurring in the course of handling property after it has been moved from the place of acceptance and before deposit at the place of delivery. That strongly implies that “place of acceptance” is synonymous with “site at which physical possession is given and accepted.”
Property could be “moved from” the site at which the contract of removal is signed (in that sense of “ acceptance”) only if the signing happened to take place at the site where the property is held awaiting removal. Or, even harder to believe, the drafters of the CGL and BAP contracts meant for these provisions to apply only to property that is first brought to the office or other place where the removal contract was signed and then turned over to the mover.
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