Shepard Marine Construction Co. v. Maryland Casualty Co.

Defendant-insurer appeals from a judgment establishing its duty to defend plaintiff in a negligence action and to pay for damages recovered by a third party in the prior action.

The prior suit arose when plaintiff, just having completed a seawall and a boat well along a canal in Harrison Township, was attempting to turn a barge-crane, used for the construction, so that the barge could be towed away down the canal. To turn the barge, the crane crew would repeatedly "cast” the crane bucket into the canal and then maneuver the floating construction platform. During one of these casts, the bucket…