Products and Completed Operations Hazard Redefined
September 20, 2011
A person goes into a restaurant, consumes and ingests the food, and becomes ill. Is this a premises liability claim or a products claim? Someone advised me there was an exception in products coverage for food establishments for this situation and that it would be a products claim. I have searched the policy and cannot find the exception. Is this exception on an endorsement?
Florida Subscriber
It makes no difference with respect to coverage in this instance. The CGL form applies to BI for premises and products claims. What the issue is sometimes is whether the claim is to be paid against the general aggregate limit or the products/completed operations aggregate limit.
If the customer gets sick on the premises from ingesting bad food, the BI claim is paid under the general aggregate limit. If the customer takes the food home and/or gets sick away from the premises of the insured, that claim is paid under the products/completed operations aggregate limit. Either way, the claim is paid by the CGL form.
It may be that your advisor is wondering about endorsement CG 24 07, products/completed operations hazard redefined. This endorsement is usually used by restaurants that serve food and drink for consumption on premises. This endorsement modifies the product/completed operations hazard definition so that BI and PD arising out of the named insured's products are included in the definition if the injury or damage occurs after the named insured has relinquished possession of the products. This endorsement does not affect coverage; it just allows the claim to be paid under the products/completed operations aggregate limit even though the BI occurs on the premises of the insured.
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