Funeral Directors Liability, Auto Accidents, and Damage to Bodies
Our insured is a funeral director and has his business insured under a BOP with endorsement BP 08 02 (funeral directors professional liability) attached. The insured also has a business auto policy for his auto exposures and the BAP has endorsement CA 20 18 (professional services not covered) attached. Our question is this: if the insured is transporting a body and an accident occurs or a car fire starts and the body is damaged, which policy would cover a claim made against the insured by the family of the deceased?
Kentucky Subscriber
This question has to be answered by examining both the BAP and the BOP as they apply to the claim situation.
First, the BAP. Endorsement CA 20 18 declares that the BAP insurance does not apply to BI resulting from the providing of or the failure to provide any professional services; it also says the insurance does not apply to BI or PD resulting from the handling of corpses. Presumably, the claim here is one of property damage since the remains of a deceased person are considered property; bodily injury does not seem relevant. (Emotional distress claims from the family would not be covered by the BAP; if there was some bodily injury to the claimants involved or if the particular jurisdiction where the claim occurred equated emotional distress with bodily injury, that is another story.) In any case, if the body is damaged by an auto accident or due to a fire in the auto, that is not property damage resulting from either professional services or the handling of corpses. The auto accident or the fire caused the damage, so the exclusions on CA 20 18 do not apply.
However, the BAP itself has a care, custody, or control exclusion. The exclusion prevents coverage for property damage to property transported by the insured or in the insured's care, custody, or control. This exclusion would apply to a property damage claim due to the corpse being damaged by an auto accident or a fire. Interestingly enough, if such an incident occurred and the family members claimed bodily injury and it was shown that there was, indeed, some bodily injury, the BAP would respond to such a claim, since the care, custody, or control exclusion applies to PD claims only.
As for the BOP, endorsement BP 08 02 does provide liability coverage for BI or PD arising out of the rendering of or failure to render professional services in connection with the insured's business as a funeral director. And, the endorsement does allow coverage for damage to bodies while in the care, custody, or control of the insured (unless such PD is caused by theft or hostile fire). However, causing an auto accident is not rendering professional funeral services, so any coverage provided by BP 08 02 is not applicable to PD due to an auto accident. Furthermore, the endorsement does not delete the auto exclusion that is on the BOP. So, the insured cannot look to the BOP for a BI or PD claim due to an auto accident.
In sum, the BOP is not going to respond to this claim unless it can be shown that the damage was due to failure of the insured to render professional services, and unless the auto exclusion on the BOP could somehow be circumvented. The BAP would not respond to a PD claim under these circumstances, but would respond to a BI claim if there were actual bodily injuries involved.
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