March 15, 2010
Our insured is classified as a property manager and has endorsement CG 22 70 (real estate property managed) attached to his general liability policy. He is the property manager for a condo building at one location and his office premises is at a separate location. In this incident, the insured hired a company to clean the roof at the condo building. The company installed meshing over the vents at the condo, the vents backed up, and water damage occurred to three of the condo units.
Our question deals with the endorsement. The first paragraph of CG 22 70 removes coverage for property damage to property that the named insured operates or manages. Yet, the second paragraph seems to give it back on an excess basis. Can you please clarify the coverage offered by the endorsement?
Pennsylvania Subscriber
You are correct that CG 22 70 prevents coverage for the insured property manager for property damage to property managed by the insured. As for the second paragraph, that only means that if the property manager has primary coverage under the property owner’s CGL form, then CG 22 70 gives the manager excess coverage. For example, the real estate manager is an insured under the property owner’s CGL form in accordance with the Who Is An Insured clause in the policy. If someone suffers bodily injury or makes allegations of personal injury such as wrongful entry or eviction, and the claimant sues the property owner and the property manager, the CGL form of the property owner provides coverage for the owner and the manager. CG 22 70 then provides excess coverage for the property manager in such circumstances.
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