This article discusses the separation of insureds clause as it applies in various policies: CGL, business auto, garage, truckers, and business owners. Includes reference to additional insured and cross liability coverage on the commercial general liability form.
The wording of current liability insurance policies has brought about questions concerning who is insured and to whom the various exclusions and conditions apply. The separation of insureds clause under the CGL form, for example, states that the insurance applies “as if each named insured were the only named insured’’ and “separately to each insured against whom claim is made or suit is brought.’’ So a question arises: if the named insured makes a liability claim against an entity who is an insured under the named insured’s CGL form, will the insurer defend that other insured and pay the named insured for his or her alleged damages?
Another example is exclusion (j) (4) on the CGL form. That exclusion deals with property damage to personal property in the care, custody, or control of the insured. Here, the question is: does the exclusion apply only to the particular insured that has the personal property in his or her hands, or can it be applied to all the insureds under the CGL form simply because one of the insureds has control of the property?