Berke Moore Co. Inc. v. Lumbermens Mutual Casualty Co.

The plaintiff (Berke), a contractor, was insured by the defendant under a general liability policy, in which the defendant agreed to pay all sums that Berke might become “legally obligated to pay as damages because of injury to or destruction of property . . . caused by accident and arising out of the ownership, maintenance or use of premises, and all operations” in the performance of a certain highway construction contract, and to “defend any suit against the insured alleging such injury ... or destruction and seeking damages on account thereof, even if such suit is groundless, false or…