Newfoundland American Insurance v. Kamieniecki

It is probably an understatement to say that the courts have not been harmonious in applying the care, custody and’ control exclusion clause in liability insurance policies. 2 Richards, Insurance (5th ed.) s. 301A (1962 supp); Annot. 62 A.L.R. 2d 1242. “The courts have been more reluctant to apply the care, custody and control exclusion to realty than to chattels. Where, for instance, the insured has contracted to and is actually in the process of erecting a structure at the time of damage to *427that structure, then the exclusion is applicable. If, however, the contract is to make alterations or…