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BAKER v. AMERICAN INSURANCE CO. OF NEWARK, NEW JERSEY

No. 9001.

324 F.2d 748 (1963)

David BAKER and Lee J. Baker, Appellees, v. The AMERICAN INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 18, 1963.

Attorney(s) appearing for the Case

W. Ray Berry and Douglas L. Hinds, Columbia, S. C. (J. Monroe Fulmer and Fulmer, Barnes & Berry, Columbia, S. C., on the brief), for appellant.

Donald V. Richardson, III, Columbia, S. C. (Thomas E. McCutchen and Whaley & McCutchen, Columbia, S. C., on the brief), for appellees.

Before BRYAN and J. SPENCER BELL, Circuit Judges, and NORTHROP, District Judge.

ALBERT V. BRYAN, Circuit Judge:

In the accident policy issued by American Insurance Company to David and Lee J. Baker the insurer covenanted: (1) "to pay * * * all sums which the insured should become legally obligated to pay as damages because of injury to * * * property * * * caused by accident"; and (2) to defend "any suit against the insured alleging such injury * * * and seeking damages on account thereof * * *" (Accent added.)

The policyholders...

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