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 potentially within the coverage of the policy. This is because coverage embraces any negligence in the process of loading and unloading, it being irrelevant that the injuries were sustained at a time and place far removed from that process (Utica Mut. Ins. Co. v. Prudential Prop. Cas. Ins. Co., 64 N.Y.2d 1049, 1051). If the claim, liberally construed, is within the embrace of the policy, the insurer must defend. (Ruder Finn v. Seaboard Sur. Co., 52 N.Y.2d 663, 670.)
Concur — Milonas, J.P., Ellerin, Asch and Rubin, JJ.