The question of the month deals with the care, custody, or control exclusion. The standard CGL form excludes coverage for property damage to personal property in the care, custody, or control of the insured. This particular exclusion has been revised several times over the years, but the basic purpose of the exclusion has remained constant: to prevent the general liability policy from becoming a bailment type policy wherein the insured requires insurance protection in case he damages the property of another while he has that property in his possession.

The current language of the exclusion seems simple enough but, as with other insurance policy language, it is subject to constant review by the courts. The courts are asked to answer many different questions about the exclusion, such as: the effect of a contract on the exclusion's scope; how the exclusion affects contractors' operations; how the exclusion applies when it comes to the damaged property being merely incidental to the property being worked on by the insured; and the applicability of the exclusion to employees of the named insured.

For answers to these questions and for a review of court cases on the subject of the care, custody, or control exclusion, see the designated article in the Bulletins.

The Dec Page also offers some helpful information on claims investigations. This information has been taken from the June 2009 issue of Claims Magazine and deals with investigating motorcycle accidents and tips for handling the data in event data recorders (EDRs) in the event of an auto accident.

The court cases reviewed in the Dec Page concern the application of the work product exclusion and the impaired property exclusion, and the designation of a temporary worker as opposed to an employee in relation to liability coverage under a general liability policy.

Questions and Answers

Is there a way to provide the domestic partner of the named insured coverage on the same auto policy? See Personal Auto Policy and Domestic. No coverage for use of rental. See Rental Car with Factory Defect and Insured Liability. Accident and Occurrence Synonymous? See Accident and Occurrence Synonymous?.

Applicability of temp agency's CGL Policy. See Day Laborer “Employee” Under Temp Agency's CGL Policy?.

Golf Courses Endorsement

ISO has developed form MS GC 01 08 09 to specifically address the particular needs of golf courses. This form modifies the Commercial General Liability form, the Commercial Property-Building and Personal Property form and the commercial Property Causes of Loss Special form. Several additional coverages are added to the Building and Personal Property Coverage form. See Golf Courses Equipment.

Hospital Professional Liability Insurance

ISO offers two standard forms for hospital professional liability insurance. This article discusses some of the differences and similarities between the two forms. See Hospital Professional Liability Insurance.