A facility maintenance account question
Posted: Tue Feb 15, 2011 6:22 pm
What I'm about to ask I think is a case of my seeing the forest too clearly and missing the trees. I'll be interested in the opinions of other readers as this forest is just getting more prominent.
I have an account which performs routine janitorial maintenance work for commercial facilities. One of their clients has a large climate controlled room for their computer/server system which links with a national data network of sensitive information. My client washes the windows inside and outside that room and washes the floor inside using water, cleaner and brooms -- his work is not high tech.
My client is very concerned that if one of his employees unintentionally causes damage to a computer or server or if his employee, again unintentionally, causes damage to the room's climate control [breaking a window, spilling a bucket of water, leaving a door open, and the like] he will be sued for unimaginable amounts of money. He carries a GL limit of 1/2/2 and has a $5MM Umbrella.
My contention is that he does have coverage under his GL for tangible Property Damage to the computers/servers if that damage is unintentionally caused by an employee cleaning the windows or the floors because only the windows or floors are in the employee's care custody & control, not the computers/servers. On the other hand, since the room is walled off and specially climate controlled it also occurs to me that perhaps those walls would stand to make the entire room in his care custody & control. I know that that exclusion J(5) of the ISO GL exclusions addresses that "particular part of REAL property" which is why I am concerned about the true scope of the insured's ccc in this instance.
Since damage to the computers/servers would also damage data, I am not particularly concerned about that aspect since the data is not tangible PD, or even PD at all.
My insured's client, the owner of the data center. is satisfied with his total liability limit but that does not clarify the issue. That just means that I really have to address the correct nuances of this issue in more depth and get it right.
Anybody have any thoughts about this: scope of ccc? coverage?? if not GL, then where???
Many thanks.
I have an account which performs routine janitorial maintenance work for commercial facilities. One of their clients has a large climate controlled room for their computer/server system which links with a national data network of sensitive information. My client washes the windows inside and outside that room and washes the floor inside using water, cleaner and brooms -- his work is not high tech.
My client is very concerned that if one of his employees unintentionally causes damage to a computer or server or if his employee, again unintentionally, causes damage to the room's climate control [breaking a window, spilling a bucket of water, leaving a door open, and the like] he will be sued for unimaginable amounts of money. He carries a GL limit of 1/2/2 and has a $5MM Umbrella.
My contention is that he does have coverage under his GL for tangible Property Damage to the computers/servers if that damage is unintentionally caused by an employee cleaning the windows or the floors because only the windows or floors are in the employee's care custody & control, not the computers/servers. On the other hand, since the room is walled off and specially climate controlled it also occurs to me that perhaps those walls would stand to make the entire room in his care custody & control. I know that that exclusion J(5) of the ISO GL exclusions addresses that "particular part of REAL property" which is why I am concerned about the true scope of the insured's ccc in this instance.
Since damage to the computers/servers would also damage data, I am not particularly concerned about that aspect since the data is not tangible PD, or even PD at all.
My insured's client, the owner of the data center. is satisfied with his total liability limit but that does not clarify the issue. That just means that I really have to address the correct nuances of this issue in more depth and get it right.
Anybody have any thoughts about this: scope of ccc? coverage?? if not GL, then where???
Many thanks.