Burdett Oxygen Company of Cleveland, Inc. v. Employers Surplus Lines Insurance Company

CELEBREZZE, Circuit Judge.

This appeal is brought by the insured to recover actual business interruption loss sustained by it. The District Court for the Northern District of Ohio, Eastern Division, granted the Appellees motion for summary judgment on the ground that the stipulated damage was expressly excluded by the insurance policy.

The parties stipulated that on May 3, 1966, a fracture occurred in the crankshaft of a motor driven air compressor owned by Appellant. This breakdown of machinery caused the Appellant’s facility to be shut down until the machinery could be repaired. The only…