Transit Casualty Co. v. Hartman's Inc.

This insurance case involves a Virginia automobile liability policy which contains an exclusion clause stating that the insurance shall not apply to damage to property owned by or in the care, custody, or control of “the insured.” The question for decision is whether, in face of this exclusion clause, the named insured may recover from his own liability carrier for damage to his own property.

The named insured, Hartman’s, Incorporated (hereinafter, Hartman), owned a number of tractor-trailer units. Transit Casualty Company provided liability coverage on the units in the insurance policy which…