The Insured under the Care, Custody, or Control Exclusion

Employee A rented a vehicle with the permission of the insured. Employee B was driving the rented vehicle and damaged a personal auto owned by Employee A. Employee B is an insured for liability by definition under the terms of the BAP.

Would the care, custody, or control exclusion apply and preclude payment for the damages to Employee A's vehicle under the liability section of the BAP even though Employee A was not driving the vehicle at the time of the accident? That exclusion reads as follows: "property damage to or covered pollution cost or expense involving property owned or transported by the 'insured' or in the 'insured's' care, custody or control."

Ohio Subscriber

Since the exclusion uses the word "the" as opposed to "an," we are of the opinion that the exclusion does not apply in this instance since "the" insured (employee B) in this instance was not "the" insured that owned the car or had it in his care, custody, or control. The word "the" should be considered as applying to a particular insured and not as applying to any or all insureds.

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