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VICOR CORP. v. VIGILANT INS. CO.

Nos. 09-1470, 09-1494, 09-1589.

674 F.3d 1 (2012)

VICOR CORPORATION, Plaintiff, Appellee/Cross-Appellant, v. VIGILANT INSURANCE COMPANY; Federal Insurance Company; Continental Casualty Company, Defendants, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided March 16, 2012.

Attorney(s) appearing for the Case

Bruce E. Falby , with whom Bruce S. Barnett and DLA Piper LLP were on brief, for appellants, Vigilant Insurance Company & Federal Insurance Company.

Matthew J. Lodge , with whom Christopher R. Carroll and Carroll McNulty & Kull LLC were on brief, for appellant, Continental Casualty Company.

Kevin J. O'Connor , with whom Peter C. Netburn , Matthew C. Kalin , and Hermes, Netburn, O'Connor & Spearing, P.C. were on brief for appellee.

Before LIPEZ, Circuit Judge, SOUTER, Associate Justice, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

This insurance coverage dispute concerning the scope of a "loss of use" provision stems from wireless communication network outages in 2003. The outages were traced to the failure of a component part, known as a power converter, manufactured by appellee/cross-appellant Vicor Corporation and sold to Ericsson Wireless Communications, which incorporated the power converter into radio base stations ("RBS") critical to Ericsson's customers' wireless...

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