Legal Opinion

City of Burlington v. Indemnity Insurance Co. of North America

Court of Appeals for the Second Circuit

Decided September 29, 2003No. Docket No. 02-7691PublishedCited by 1 opinion

1Opinion of the Court

CALABRESI, Circuit Judge:

Between 1996 and 2000, the City of Burlington (the “City”) held two all-risk policies that insured a power generator with Indemnity Insurance Company of North America (“Indemnity”). During the period of coverage, approximately thirty-three welds on the generator’s boiler developed leaks as a result of intrinsic defects. Indemnity disclaimed coverage for the defective and failed welds, and the City brought suit in the United States District Court for the District of Vermont. The district court (Murtha, C.J.) held that the defective and failed welds were not covered…

2Cases cited4 opinions

  1. Spencer Tunick v. Howard Safir, in His Official Capacity as the Police Commissioner of the City of New York, and the City of New YorkCourt of Appeals for the Second Circuit · 2000
  2. City of Burlington v. Hartford Steam Boiler Inspection & InsuranceDistrict Court, D. Vermont · 2002
  3. Tunick v. SafirNew York Court of Appeals · 2000
  4. Spencer Tunick v. Howard Safir, in His Official Capacity as the Police Commissioner of the City of New York, and the City of New YorkCourt of Appeals for the Second Circuit · 2000

3Cited by1 opinion

  1. City of Burlington v. Indemnity Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 2003

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