Documente Academic
Documente Profesional
Documente Cultură
____________________
No. 97-1553
Plaintiff, Appellant,
v.
Defendant, Appellee.
____________________
____________________
Before
____________________
Marie Cheung-Truslow
____________________
and Lecom
_____
____________________
October 3, 1997
____________________
Bingham, Dana
_____________
ALDRICH,
On January
20,
1995, an oil fire broke out in the boiler room of the Kimball
Condominium Association
(Kimball) was
Kimball Towers
insured by
Preferred
Mutual Insurance
Special Property
Policy that
covered its
property broadly,
water
steam or hot
Policy.
Boiler provisions
complementary
with Preferred's
Preferred paid
share.
A condition precedent
was
no
correct,
such
coverage,
and granted
is that Travelers
would have
so
that
neither
summary judgment
to
alternative
was
Travelers in
an
extensive opinion.
Without
Travelers
_________
deciding, it
____________________
1.
The
elasticity
related
to
offered
extensions
not
2.
No point
has been
made by it
of any loss
to Kimball's
-2-
assumed that
provisions covered
On
The Facts
_________
On summary
judgment we
of course
take the
facts
denied,
______
116 S.
48 F.3d
Ct. 65
594,
(1995).
602-03 (1st
Cir.), cert.
_____
Construction of
insurance
for us.
The
following
fire, according to
manner.
leaky
seal in
the
fuel pump,
that
supplied
oil to the
caught fire.
fall,
Here it
damaging the
oil line.
This released
oil, fed
and burned
-3-
by
The relevant
Travelers' policy
provisions (quoted
A.
COVERAGE
We
will
pay
for
direct
damage
to Covered
1.
Covered Property
________________
Covered
Property,
as
used
in
this
a.
You own;
. . . . .
2.
to an "object."
. . . . .
G.
DEFINITIONS
1.
. . . . .
5.
"Object" means:
a.
Unless
excluded
Declarations,
in
the
the
following
equipment:
(1)
Any
boiler,
including
its
Interrupting,
Travelers
we
read
the
policy
to
say
that
We consider the
-4-
operates
accessory
it,
to be
breakdown, or "accident."
B.
EXCLUSIONS
equipment.
motor that
Leaking
was
We will
not
pay
caused directly or
for
loss
indirectly by
or
damage
any of
following.
Such loss
or damage is
regardless
of any other
cause or
the
excluded
event that
. . . . .
4.
Other Exclusions
a.
Fire
or combustion
explosion that
to
any
forming
part
electrical
of
With
equipment
an "object,"
this
Fire
or
explosion
outside
the
"accident"
"accident."
. . . . .
or
ensues
from
an
The initial
says.
it
is
not
definitions.
covered
even
Cf. Jussim
___ ______
if the
produced by a
though it
also
met
some
other
proximate cause
what it
"is an insured
(noting that
risk, there
will be
-5-
415
to take the
present
the
was
"electrical equipment"
electric
vocalizing
We do
the
motor.
by the breakdown of
because it
Although
there
was
was
operated by
some
an
struggling
motor were
by different
manufacturers,
but they
were
no electricity reaching
the pump.
Manifestly there
must be
equally
Turning,
therefore,
to
4a's
first
sentence,
Whether or
not
the broken
accessory
equipment,
the
supply line
burning
also be
of
the
considered
fuel
supply
It was plainly
excluded.
In
this
posture
conclusion "result[s] in
unrealistically limited."
of
Kimball's
policies:
"property
Preferred
complains
that
this
which [i]s
manager,"
who
had
obtained
the
It
has
been
understanding and
my
continued
expectation that
fire
-6-
originating
accessory
under
from
the
equipment
Travelers'
boiler
would
Boiler
be
and
or
its
covered
Machinery
Policy.
of $40,484, claiming it
insurer who
had received a
premium of $875
not to
pay it $357,279,
in
-- for dinner.
The Boiler
to
the
boiler
and
excluded "fire . . .
was
accessory
equipment,
of writing
sues therefor.
and,
in
business
covered accidents
and
terms,
There
interpreting insurance
contracts,
days of
Town of Amesbury,
_________________
81 F.3d
See Fed. R.
___
257, 261
(1st Cir.
1996); E.H.
____
Ashley & Co. v. Wells Fargo Alarm Servs., 907 F.2d 1274, 1280
____________
________________________
Affirmed.
________
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