Bear Bros. v. Fidelity & Guaranty Insurance Underwriters, Inc.

HARWOOD, Presiding Judge.

Bear Bros. Inc., was engaged in certain construction work at Dannelly Field, Montgomery, Alabama. On 29 April 1958 the Fidelity & Guaranty Insurance Underwriters, Inc., the appellee here, issued to Bear Brothers an insurance policy commonly known as “Builders Risk Completed Value” form policy. One of the provisions of this policy insured the appellant against “direct loss by * * * explosion * *

While the policy was in effect an airplane owned by the United States exceeded the speed of sound and thereby produced a “sonic boom” which caused damages to the control tower…