Thomas W. Hooley & Sons v. Zurich General Accident & Liability Insurance

TATE, Justice ad hoc.

Plaintiff partnership appeals from judgment dismissing its suit to recover a sum allegedly due, under a policy issued to it by defendant insurer, in reimbursement of damages to the property of another paid by plaintiff. The “Comprehensive General Liability Policy” in question insured plaintiff contractor against liability imposed by law upon said insured for damages because of injury to property caused by accident. Excluded from coverage of the policy was property in the “care, custody or control” of the insured.

On January 16, 1953, during the term of the policy and while…