Florida Subscriber

The auto exclusion in the CGL form applies to BI or PD arising out of the ownership, maintenance, or use of any auto owned or operated by or rented or loaned to any insured. So, the question you have to answer is whether this vehicle was owned by or used by any insured. If the employee is considered an insured at the time of the accident, the exclusion applies; if not, the exclusion is not applicable. Since the named insured is the owner of the land and rents it to a separate entity and the employee/driver is an employee of that separate entity, it does not appear that the employee/driver works for the named insured land owner.

Now, the auto exclusion on the CGL form does not apply to parking an auto on premises that the named insured owns and this may be the item the insured is making reference to when he alleges that the policy provides coverage for this type of claim. Whether the facts of this accident can be seen as “parking” an auto on the owned premises is questionable. But if the driver is not an insured under the land owner's CGL form, this exception to the auto exclusion is not relevant anyway.

So the important thing to find out is whether the driver is an insured under the land owner's CGL form. As we said, if the driver is an employee, the exclusion applies; if not, the exclusion does not apply and there is coverage for the named insured land owner if he is somehow held responsible for the injuries.