Court Enforces Care, Custody, or Control Exclusion in Trucking Policy

Posted by Bradford S. Purcell | Jun 28, 2018 | 0Comments

R.J. VanSwol obtained judgment on the pleadings in Cook County on the basis that P&W's client, which insured a trucking company, owed no coverage for damage to leased trailers that the insured was pulling. The trailer lessor's property insurer paid for the damage and asserted a subrogation claim against the trucking company, which submitted a claim to its own insurer. The court entered judgment in favor of the trucking company's insurer because the trucking company's policy provided only liability coverage, not first-party property coverage, and it excluded coverage for damage to property owned or transported by the insured or in the insured's care, custody, or control. The court agreed that the policy provided no liability coverage because the insured was transporting and controlling the trailers at the time of the accidents that damaged them.

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