The insured is a transportation long haul trucking entity with terminal operations in NJ. This loss occurred at the insured premises and during terminal operations at the premises; the involved operation in this claim was snow removal. There is a commercial charge to use the snow removal machine, and the insured has a snow and ice exclusion endorsement (CG 72 41) attached to the CGL policy form.
The snow removal operation is done to clear snow and ice from cargo trailers. The insured uses owned terminal portable snow clearing equipment which includes a lift blade and collector to do the job (looks like it's an installed over head crane with attached blade; driver stays in his vehicle and drives under the blade; a little different than a car wash operation).On 2/8/2011 the insured equipment severely damaged a customer's cargo trailer that drove under it. The reason was the insured did not clear snow mounds collecting on the ground under the crane mounted blade to remove snow. The claimant drove his vehicle over the collected snow on the ground causing a blade malfunction to damage the roof and housing of the cargo trailer being cleared. The insured admits the area must be cleaned after each operation otherwise blade malfunction occurs. The insured admits failure to do this and neglect in causing the damage to the customer trailer. Damages are near $12,000.
Does our snow removal endorsement (CG 72 41) preclude coverage in this circumstance i.e. maintenance of a vehicle involved? Does exclusion j.4 in the policy form apply for care, custody and control of personal property? Does exclusion g. in the policy form for aircraft, auto and watercraft apply?
New Jersey Subscriber
The care, custody or control exclusion in the CGL form is not applicable since the driver of the truck stays in his vehicle and drives it under the blade. The insured does not have care or custody or control of the vehicle since the driver can leave any time he wants and does not give up possession of his vehicle at any time.
The auto exclusion won't apply since there was no PD arising out of the ownership or use of any auto owned by or operated by or rented or loaned to any insured. This is presuming that the driver and/or owner of the damage vehicle is not insured under your named insured's policy.
As for the snow and ice removal exclusion, that would apply to the claim. It states that there is no insurance for PD arising out of the named insured's snow and ice removal activities that are performed for others. As you describe this incident, the activity of removing ice and snow was being performed for another by the named insured and the resulting PD is not covered. Whatever the intention of the endorsement may be, the language in CG 7241 seems to be unambiguous.
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