Sylla

—Plaintiff appeals from an order of dismissal of his first amended complaint for declaratory relief and breach of contract following the sustaining of a demurrer thereto without leave to amend. (Code Civ. Proc., § 581, subd. 3.) The appeal lies. (Code Civ. Proc., §§ 581d, 904.1, subd. (a).)

The amended complaint alleges that plaintiff was the owner of “Werner Sylla Used Cars” and “Autohaus Sylla.” Attached to the amended complaint is a copy of a “Comprehensive General—Automobile Liability Insurance” policy covering, inter alia, “Garage” liability issued to Werner Sylla doing business as Werner Sylla Used Cars & Auto Haus Sylla by defendant United States Fidelity and Guaranty Company. The policy period was from May 19, 1972, to May 19, 1973. The insuring clause provided: “The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of G. bodily injury or H. property damage to which this insurance applies, caused by an occurrence and arising out of garage operations . . . and the Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury…