Rex Roofing Co. v. Lumber Mutual Casualty Insurance

This is a submitted controversy. The question is one of an insurance company’s liability to its insured under an insurance contract. Plaintiff is a roofing contractor and defendant a casualty insurance company, insuring plaintiff *666against liability imposed upon it by law for damages because of injury to property “ caused by accident ”. Excluded from the coverage of the policy is property in the “ care, custody or control ” of the insured.

In January, 1949, plaintiff was engaged in resurfacing the roof of an apartment building. The work commenced on January 18th and was suspended because of…