Duke Power Company, a Corporation v. Indemnity Insurance Company of North America, a Corporation

SOPER, Circuit Judge.

The question in this case relates to the scope and coverage of an insurance policy issued by Indemnity Insurance Company of North America to Duke Power Company under which the Insurance Company agreed to pay on behalf of the Power Company all sums which it should be obligated to pay as damages because of bodily injury or injury to property caused by accident, and arising out of certain defined hazards. The case was tried upon an agreed statement of facts by the District Judge who reached the conclusion that a claim made by Duke under the policy was not covered thereby.…