Julius Hyman & Co. v. American Motorists Insurance Co.

CHRISTENSON, District Judge.

Plaintiff seeks to recover, under a boiler and machinery insurance' policy issued to it by the defendant company, for loss resulting from a “leak”, “rupture”, or “explosion” of a pipe in a Dowtherm boiler.

How, among these possibilities, the occurrence which caused plaintiff’s loss can be legally characterized, will determine whether the plaintiff should recover its full claim, one-half of it, or nothing at all. Each side, as it were, walks a tightrope between these possibilities, since plaintiff contends that the occurrence was sufficiently violent to constitute a…