Our insured owns an office building with six floors designated for parking areas to be used by employees and the general public at no charge. An employee of the insured, while doing maintenance work with a trimmer, broke a window glass of a parked vehicle that belongs to another employee of the insured.

We are of the opinion that due to paragraph 2.a.(2) of Section II – Who is an Insured, this event is excluded under the CGL coverage form. We believe that the insured needs a garagekeepers policy. We would like to have your opinion.

Georgia Subscriber

We do not agree. That paragraph simply states that the employee is not considered an insured under those circumstances, that is, when causing property damage to property owned by any employee of the named insured. However, it has no effect on the coverage for the named insured if the named insured is held responsible for the damage. Garagekeepers coverage would be needed if the named insured has the care, custody, or control of the vehicles, so you would need to check out that point.