AXTON CROSS CO., INC. v. LUMBERMENS MUT. CAS. CO.


176 A.D.2d 482 (1991)

Axton Cross Company, Inc., Respondent, v. Lumbermens Mutual Casualty Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 3, 1991


Defendant is not relieved of its obligation to defend plaintiff in the underlying action on the ground that the complaint and original bill of particulars did not allege that the accident occurred while the drum of hydrofluoric acid was actually being off-loaded from plaintiff's truck. Liberally, read, the complaint and original bill of particulars insofar as they claim that the leak in the drum was caused by negligence in its "packaging and shipping", contain allegations...

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