Care, Custody, or Control Exclusion under Review

November 2014

Our insured was remodeling the claimant's home. Part of the remodel was painting, using a rolling scaffolding inside. The insured was on a ladder holding a chandelier to the side out of the way of the scaffold. In the process, an arm on the chandelier broke and the chandelier fell to the ground and shattered.

Was the chandelier in the insured's care, custody and control? Is a chandelier considered personal property?

Connecticut Subscriber

A chandelier attached to the ceiling is part of the house, that is, real property. The care, custody, or control exclusion only applies to personal property, so that exclusion is not applicable in this instance. The insured damaged another's property and based on your description of the incident, there is no exclusion to prevent coverage.

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