Storage Fees and GKLL Coverage
December 19, 2011
Our insured damages a customer's vehicle in his care/custody/control. The insured then charges the customer storage fees while the vehicle is on his lot prior to the vehicle being repaired. The customer does not want to pay the storage fees and our insured wants to know if he can recover the fees under his garagekeepers policy?
Arizona Subscriber
Garagekeepers legal liability coverage is for those sums that the insured legally must pay as damages for loss to a customer's auto that is damaged while left in the insured's care. One of the key points in the insuring agreement is that the GKLL coverage is for loss to a customer's car and “loss” is a defined term. It means direct and accidental loss or damage and for GKLL coverage, includes any resulting loss of use. Storage fees do not meet either part of the definition, so the answer is no coverage for storage fees.
Also, the GKLL coverage applies to legal liability on the part of the insured. We do not see storage fees charged to a customer as having any applicability to the legal liability of the insured.
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