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LIBBEY-OWENS-FORD, CO. v. INSURANCE CO. OF N. AMERICA

No. 92-3488.

9 F.3d 422 (1993)

LIBBEY-OWENS-FORD COMPANY, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1993.

Attorney(s) appearing for the Case

Donald F. Melhorn (argued and briefed), Marshall & Melhorn, Toledo, OH, for plaintiff-appellant.

Susan Condon, Edward M. Kay (argued and briefed), James T. Ferrini, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, IL, James R. Jeffery, Spengler, Nathanson, Heyman, McCarthy & Durfee, Toledo, OH, defendant-appellee.

Before: NELSON and SUHRHEINRICH, Circuit Judges; and EDMUNDS, District Judge.

EDMUNDS, District Judge.

Libbey-Owens-Ford Co. (LOF) is a manufacturing company that uses float-glass furnaces in its production process. When one of its furnaces became damaged, LOF was forced to shut it down. As a result, LOF filed a claim under an all-risk insurance policy issued by Insurance Company of North America (INA). INA denied coverage, contending that the wear and tear provision of the policy excluded coverage. LOF brought suit for coverage, but lost at...

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