Also, could this also fall under the auto exclusion?

The claim is not in suit .The owner of the vehicle, who is a member of the association, is making a claim against the association. She has not made a claim against the homeowner. We believe that since the premises where the pothole was located was at the home of the association's vice president, and the event was for the association, our policy would respond to the claim. There may be liability since the owner was aware of the condition.

The claimant has a large deductible on her auto policy, which is why she is seeking coverage under the association's general liability policy.

We just need to know if she can make a claim under the policy since she is a member of the association that qualifies as an insured and if the auto exclusion will apply.

Oklahoma Subscriber

The endorsement makes the woman an insured only with respect to her liability for the activities of the named insured or activities she performs on behalf on the named insured. In other words, she is an insured for BI or PD she causes to another entity while performing activities on behalf of the named insured. Driving a car to a meeting does not fit this description, so she is not an insured in this instance.

She is making a claim for PD against the named insured. Consider the wording of the auto exclusion. It refers to PD arising out of the ownership or use of any auto by any insured, but this pertains to liability on the part of the woman in this instance. She would have to be an insured and be using her car and injure or damage another entity for the exclusion to have any connection with a claim that would then be made against her and probably the named insured. In this instance, the named insured and the vice president of the association were not using the car and they did not own the car so the exclusion would not be relevant in a claim against them.

She is a third party whose property was damaged perhaps by the inaction of an insured, so if the named insured or the vice president is liable for the damage, the CGL form would apply.