CYCLOPS CORPORATION v. HOME INSURANCE COMPANY

Civ. A. No. 70-1053.

352 F.Supp. 931 (1973)

CYCLOPS CORPORATION, Plaintiff, v. The HOME INSURANCE COMPANY, Defendant, v. FISCHBACH & MOORE, INC., and Allis-Chalmers Manufacturing Company, Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

January 10, 1973.


Attorney(s) appearing for the Case

Joseph A. Katarincic, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for plaintiff.

Thomas Lewis Jones, Pittsburgh, Pa., Earl L. Hamilton, Columbus, Ohio, for defendant.

Thorp, Reed & Armstrong, Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for third-party defendants.


OPINION

WEBER, District Judge.

This is a suit under a boiler and machinery policy including business interruption provisions. There is no dispute as to essential facts, the policy was in force at the time of the incident giving rise to the claim, and the parties have agreed as to the loss sustained. The sole dispute between the parties is whether the circumstances surrounding the incident are sufficient to meet the requirement of an accident as that term...

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