CITY OF BURLINGTON v. INDEMNITY INS. CO.

Docket No. 02-7691.

346 F.3d 70 (2003)

CITY OF BURLINGTON, Plaintiff-Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee, Ace Property and Casualty Insurance Company, Hartford Steam Boiler Inspection and Insurance Co., Factory Mutual Insurance Company, the Home Insurance Company, Allianz Insurance Company, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 29, 2003.


Attorney(s) appearing for the Case

William F. Ellis, Kevin J. Coyle, McNeil, Leddy & Sheahan, The Honorable William H. Pauley III, United States District Judge for the Southern District of New York, sitting by designation. Burlington, Vt., for Plaintiff-Appellant.

Thomas S. Brown, Andrew S. Granzow, Hecker Brown Sherry and Johnson LLP, Philadelphia, PA, for Defendant-Appellee.

Before: CALABRESI and SACK, Circuit Judges, and PAULEY, District Judge.


CALABRESI, Circuit Judge:

Between 1996 and 2000, the City of Burlington (the "City") held two all-risk policies that insured a power generator with Indemnity Insurance Company of North America ("Indemnity"). During the period of coverage, approximately thirty-three welds on the generator's boiler developed leaks as a result of intrinsic defects. Indemnity disclaimed coverage for the defective and failed welds, and the City brought suit in the United States District...

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