Overson v. United States Fidelity & Guaranty Co.

HALL, Justice:

This is a declaratory judgment action filed by plaintiff (“Overson”) against defendant insurer (“USF & G”) to determine the effect of coverage provisions of an insurance policy.

Overson was insured under a general liability policy issued by USF & G designed to protect against losses that might occur in construction projects. The policy excluded certain types of loss from coverage including the following clauses which are the focus of this appeal:

This insurance does not apply:

******(k) to property damage to

******(3) property in the care, custody or control of the insured or as to…