Understanding the Care, Custody or Control Exclusion

May 12, 2023 | Business Insurance

American drivers see a lot on their travels, travelling more than 13,000 miles a year on average. It’s also one of the last locations you want to run into furry pals when you’re moving at 40, 50, or even 60 mph or more. We rarely take the time to evaluate the scope of the problem, even though it is a significant safety issue that claims both human and animal lives. Over 260,000 accidents involving animals occur every year, resulting in 12,000 human injuries and more than 150 fatalities.

To prevent depressing statistics like the ones above, we must remove wildlife from roadways in a safe manner so that they don’t damage themselves or their vehicles.


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Animal-related Accidents

How often do animals meet our roads, shoulders, and medians? Do humans employ the same strategies to fend off these creatures? Do some regions of the United States have a higher likelihood of animal-related accidents? Continue reading to learn the responses to these questions and the feelings of more than 1,000 other Americans who have encountered an animal on the road.

Deer, observed most frequently, dominates surveys with over 30 million in the United States. Animal collisions cause $4 billion in annual losses, despite their majestic appearance.


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This exclusion has many complexities, and each case’s outcome will vary depending on its particular facts. What the CCC exclusion does not include cannot be answered in a generalized way. The question of whether a piece of property is in the care, custody, or control of the insured might change drastically depending on seemingly minor changes in the circumstances, such as how much access the owner has to the damaged object. In court rulings on CCC exclusion, insurers typically require insureds to exercise absolute control over all parties and prohibit transferring power to other entities.


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Bailments:

Frequently, care, custody, or control exclusions apply to bailed property. One person holds it, but another owns it. The bailor owns it, and the bailee oversees it. No ownership transfers during bailment. The bailee must return the property upon expiration.


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A lot of companies serve as bailees. Some keep other people’s belongings in their possession for storage or to make repairs. Some people rent or borrow property to use for their business. Here are a few scenarios where bailments are frequently used:

You run a restaurant that offers valet parking for patrons’ vehicles.

To use it for your farming business, you have hired a combine harvester.

Your auto body shop is yours. For the duration of the repairs, your company is in temporary ownership of clients’ cars.


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You run a restoration firm for fine arts. You are looking over a pricey vase that a customer left with you to fix when it escapes your grasp. The vase breaks when it hits the floor and falls.

In the event of damage occurring before the return, the owner reserves the right to file a claim against your company for compensation.


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Basic Liability Insurance:

Within the ISO General Liability Policy, the care, custody, or control exclusion may appear in Coverage A, Bodily Injury and Property Damage Liability. It resides within the Damage to Property exclusions section. It does not provide coverage for harm to:

Personal property under the insured’s care, control, or supervision


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It’s crucial to remember these three things. The care, custody, or control exclusion firstly only applies to personal property.

Real estate, such as land or buildings, isn’t covered. Other sections handle building damage. The exclusion uses “care, custody, or,” not “care, custody, and control.” “Care,” “custody,” and “control” are usually considered separately.

Thirdly, the insured’s care, custody, or control of any personal property is subject to the exclusion. The insured in a liability insurance policy typically refers to the insured party identified in a claim or lawsuit.

Prevent Coverage Gaps:

Ensure you possess sufficient coverage for potential property damage while in your care to avoid dismissal of claims due to exclusions. A garage keepers’ policy or inland marine coverage are just two examples of the various specialist policies that are available to appropriately protect you and your company.


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Make sure you have adequate coverage for any property that your CGL may not cover owing to the care, custody, or control exclusion by getting in touch with your Tanner, Ballew, and Maloof broker right away.

With one exception: Sidetrack agreements


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Sidetrack Agreements

A sidetrack agreement isn’t exempt from the care, custody, or control exceptions mentioned earlier. A sidetrack, a spur, briefly connects a commercial building to the main railroad line. This legal agreement is between a railroad and a company, allowing the company to use a sidetrack. In return, the company pledges to hold the railroad harmless for any third-party property damage caused by the company’s careless use of the sidetrack.


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It’s crucial to comprehend what your policy covers and excludes, including care, custody, and control exclusions, with all insurance products. You can ensure that you are protected from both liability and the property of third parties that you must safeguard by adding the appropriate choices to your company insurance.


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