Silva & Hill v. Leo Davis

In Silva & Hill v. Leo Davis (1978), 19 Cal. App. 3d 914, the court was required to address coverage questions presented by the care, custody, and control exclusion in a fact situation that involved a contract for state highway construction, and an injury to the roadwork inflicted by a subcontractor, which caused performance delays and monetary penalties for the delay. The court found there was no coverage under the "Contractual Property Damage Liability" provision of the liability insurance policy issued by defendant to the roadwork principal contractor, due to the exclusion. The court based its conclusion on the fact that the roadwork contractor was expected under the contract to retain the ultimate responsibility over the work of the subcontractors, including in the area of the work, and stated, "Such constructive or proprietary control is all that the exclusion and the law contemplate." ( Silva & Hill, supra, 19 Cal. App. 3d. at pp. 924-925.)