The insured is a body shop, who happens to be repairing a customer auto. While having the care, custody and control of a client's car, an employee collided the car with a wall through carelessness and negligence.

• The body shop has a Commercial Auto Policy CA 00 01 , which has the CA 99 37 form Garagekeepers Coverage endorsement and the repair shop did not choose Direct Primary nor Direct Excess.
• The customer's carries a PAP on his auto.

Questions:

1. Does the Other Insurance condition under the CA 00 01 will applied to this situation?
2. Will the Garage keeper's policy only cover on an excess basis over the customer's PAP policy even though the Body shop was at fault?
3. Can the Insurance Company from PAP policy retain their subrogation right against the Body Shop?
4. Will the Garagekeeper cover and pay this subrogation even when the policy is in excess?

The other insurance clause in the Business Auto Policy states that the insurance company will pay on an excess basis for non-owned autos. Here is the specific policy language:

B. General Conditions

5. Other Insurance