Masonry Magazine February 1967 Page. 23
Insurance For Contractors
(Continued from Page 15)
CLASS OF WORK
APPLICABLE
EXCLUSIONS
Telephone, telegraph or fire alarm line construction x, c, u
Tunneling X, c, u
Underpinning buildings or structures X, c
Water mains or connections construction X, c, u
Welding or cutting X
Wrecking operations x, c
This is not a complete list; there are more affecting other industries, including manufacturers. These exclusions do not ordinarily apply to Owners' or Contractors' Protective Liability or to Completed Operations.
L-Care, Custody or Control
Perhaps no one policy exclusion has been the cause of more discussion, if not actual application, than that which excludes damage to:
1. property owned, occupied by or rented to the insured,
2. property used by the insured,
3. property in the care, custody or control of the insured, or
4. property over which the insured for any purpose is exercising physical control.
It never was the intent of a Legal Liability Insurance Policy to pay for damage to the insured's own property, of course, nor is it meant to cover damage to material actually being worked on. A dry cleaner, and not his insurance carrier, should be responsible for damage to a dress because a spet remover was improperly applied; a carpenter who in his shop hopelessly splits a cabinet he is repairing for a customer has similar responsibility. These are matters of technique and workmanship, and there is basic agreement that they constitute normal risks of the business. The difficulty arises where drawing the line is less easy.
An important question often confronting a contractor is just how much of the property being worked on is in his care, custody or control.
M-Faulty Design, Maps, Plans or Specifications
Where appropriate, the policies will contain an exclusion of liability arising out of faulty design, maps, plans or specifications. Rather than being "accidents," these concern professional competence and experience of the architect or engineer, an exposure better insured under Professional Liability Policies available for that purpose.
N-Water Damage on or
From Insured's Premises
(This exclusion does not appear in the latest version of the standard Comprehensive General Liability Policy form, but may be added later and is, therefore, stated here.)
If the damage occurs on or from premises owned or rented by the insured, the policy may exclude damage to building or inside property caused by (1) the dis-
(Continued on Page 25)
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MASONRY. February, 1967
23