Meiser v. Aetna Casualty & Surety Co.

Appellant contends that when the respondent cleaned the plaster off the windows, the windows were property in his care, custody, or control or property as to which he was exercising physical control.

Appellant argues that the exclusion phrase as to “care, custody, and control” is clear and unambiguous, citing first International Derrick & Equipment Co. v. Buxbaum (3d Cir. 1957), 240 Fed. (2d) 536. That was an action by the plaintiff derrick company, which had contracted to procure and install a metal tower and antenna mast for a broadcasting company, for loss sustained when equipment of the…