J. Berkman Iron & Metal Co. v. Striano

DONOVAN,District Judge.

This is an action for declaratory judgment. The facts briéfly stated are that the J. Berkman Company, plaintiff, hereinafter referred to as Berkman, was insured by the defendant Bituminous Casualty Corporation, hereinafter referred to as Bituminous, *222under a liability insurance policy against accidents resulting from the negligence of the plaintiff. The policy limits were $10,-000 and contained the standard provisions for defense of actions, payment of interest on judgments and cooperation by the insured.

During the lifetime of the policy, an accident occurred on the…