Care, Custody, or Control Issue under Builders Risk Policy
December 10, 2009
We have a question about a builders risk form. The insured is bidding a project to upgrade the sprinkler system in an existing building, which houses fine arts. We are being asked to provide coverage for the fine arts under the builders risk but do not see the artwork being in the insured's care, custody, and control. We also do not see an insurable interest in the artwork. Is this really a CGL coverage?
Missouri Subscriber
The situation you described would not be appropriately covered under a builders risk policy, which does not address this type of personal property. The FC&S editors are divided over whether the artwork would be considered in the insured's care, custody, or control. One stated that, with the installation of sprinklers, that the whole building—including the artwork—would fall under the care, custody, and control of the insured. Another stated that the artwork would not be under the insured's care, custody, and control unless they moved it. If the contract requires the insured to provide coverage for the artwork, though, as stated, the builders risk would not be the appropriate form to use. Since an argument can be made for the property being in the insured's care, custody, and control, the legal liability coverage form, CP 00 40, seems to be the correct coverage for this exposure. If, on the other hand, this property is not determined to be in the care, custody, and control of the insured, then yes, CGL coverage would apply.
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