General liability insurance policies usually exclude liability for damage to personal property of others in the care, custody or control of the insured. The exclusion is contained within the property damage exclusion applicable to Coverage A - Bodily Injury and Property Damage Liability. An exception to the exclusion applies to liability assumed under a sidetrack agreement. The exclusion does not apply if the property is a premises (including contents) rented to the insured for a period of seven days or less.
An exclusion for damage to non-owned property in the care, custody or control of the insured is common to umbrella forms. Some of the more common variations in umbrella care, custody or control exclusions are:
1. The exclusion applies to real and/or personal property.
2. The exclusion applies only to aircraft or watercraft. This is the least onerous exclusion because its scope is limited to only aircraft or watercraft exposures.
3. The exclusion does not apply to liability assumed by the insured under a contract or agreement (i.e., coverage is similar to that provided by the general liability forms).
4. The exclusion applies only as respects liability assumed under a contract or agreement.
5. The scope and effect of the exclusion follows the underlying general liability policy.
Exclusions numbered 1.-4. above may be either absolute or applicable only if there 1s no underlying coverage.
Absolute Care, Custody or Control Exclusions
Some umbrella policies contain an absolute care, custody or control exclusion that applies whether or not damage to non-owned property is covered by underlying insurance. Absolute exclusions typically preclude coverage for damage to both real and personal property, with no exceptions. The resulting exclusion is broader, and coverage is thus more restricted, than coverage that may be provided by the underlying CGL forms. The ISO-CGL forms make an exception for the insured's contractually-assumed liability for non-owned personal property.