Q
My insured is a community association. The association operates a restaurant in its club house where meals are served to members of the association and guests. Recently, a patron of the restaurant broke a crown on her tooth while eating a bread roll and is threatening a lawsuit. The insured has a CGL form and endorsement CG 24 07 01 96, Products/Completed Operations Hazard Redefined, for liability coverage purposes.
Is this claim covered under these forms?
Florida Subscriber
A
If the insured is liable for the injury, the claim would be covered. This is a products claim and there is no exclusion on the CGL form that would apply. As for the endorsement, it is used primarily by places like restaurants that serve food and drink for consumption on the insured's premises. CG 24 07 does not remove the products liability coverage; it modifies the products/completed operations hazard definition on the CGL form so that bodily injury and property damage arising out of the named insured's products are included in the definition if the injury and damage occurs after the named insured has relinquished possession of the products. Without this endorsement, such injury or damage has to occur away from the premises owned or rented by the named insured to be included in the definition.
The insured has coverage for the bodily injury or property damage arising out of the use of its products even without using CG 24 07, but the coverage is subject to the general aggregate limit. CG 24 07 allows coverage under the products/completed operations aggregate limit.
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