MILLWRIGHTS, INC. v. BITUMINOUS FIRE & MARINE INSURANCE COMPANY

No. 76-1651.

565 F.2d 382 (1977)

MILLWRIGHTS, INC., Plaintiff-Appellant, v. BITUMINOUS FIRE & MARINE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 28, 1977.


Attorney(s) appearing for the Case

Ray H. Moseley, Humphreys, Hutcheson & Moseley, Chattanooga, Tenn., for plaintiff-appellant.

William B. Luther, Luther, Anderson, Ruth & Cleary, Chattanooga, Tenn., for defendant-appellee.

Before PHILLIPS, Chief Judge, CELEBREZZE and PECK, Circuit Judges.


PER CURIAM.

This case involves the interpretation of the outrigger warranty clause in an all-risk contractor's equipment insurance policy covering a 30 ton mobile Lorain crane. Jurisdiction is based upon diversity of citizenship. Tennessee law controls.

After the crane turned over at a construction site in Chattanooga, Tennessee, the insured brought suit against the insurance company to recover the cost of repairing...

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