C-IV.B · Commercial Casualty Insurance
CGL exclusions: care, custody or control; product recall
Two exclusions keep the CGL from becoming property insurance for things the insured handles or makes. The CGL pays for harm to other people's property that the insured causes in the world, not for goods sitting in the insured's hands or for pulling its own products off the market.
Care, custody or control: the damage to property exclusion removes personal property in the insured's care, custody or control, even though a third party owns it. Example: a customer's $20,000 boat engine is in a repair shop when the shop's employee drops it. The CGL does not pay. A repairer needs bailee or inland marine coverage for customers' goods. The Damage To Premises Rented To You limit is about rented premises, not a customer's property.
Product recall: the CGL excludes the cost of withdrawing, recalling, inspecting, repairing, replacing, adjusting, removing or disposing of the insured's product, its work or impaired property because of a known or suspected defect. It does not matter who orders the recall. Example: a juice maker pulls a suspect batch from stores before anyone is hurt and spends $60,000 doing it; that cost is excluded. If a customer is hurt, the bodily injury claim is a separate matter, but the recall cost stays excluded. Product recall coverage is sold separately.
Remember
· Customer goods in your care, custody or control → bailee or inland marine, not CGL.
· Recall costs are excluded no matter who orders the recall.
· Product recall coverage is sold separately.
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