Weiss v. Bituminous Casualty Corp.

This is an appeal by defendant insurance company from a declaratory judgment finding that under the terms of its. policy it is obligated to defend plaintiffs in a suit for personal injuries brought against them by Norman Zblewski.

In 1969, plaintiffs Weiss and Lenobel were partners doing business as Shamrock Scrap Iron & Metals Company, collecting and selling various scrap metals. The complaint alleges that some time prior to March 7, 1969, plaintiffs placed a load of magnesium onto a semi-trailer; however, the magnesium was not in waterproof containers and was not sealed. A contract was…