Desrochers v. New York Casualty Co.

The rights and obligations of the parties depend primarily upon the terms of their- agreement as expressed by the policy of insurance. The defendant’s agreement was “to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages . . . because of injury to or destruction of property, including the loss of use thereof.” The same language is used in the revised property damage provisions of a standard automobile liability policy, with the additional phrase “caused by accident and arising out of the ownership, maintenance or use of the automobile.” See…