(DOWNLOAD) "Meridian Leasing" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Meridian Leasing
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 24, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
In this case, the District Court, sitting in diversity, was faced with the task of interpreting the language of an all-risk insurance policy that allegedly covered damage to an aircraft engine caused by an unusual occurrence during start-up. The insurer alleged that the policys exclusion for wear and tear foreclosed coverage. Applying California law, the District Court found that the term "wear and tear" was ambiguous, and resolved the ambiguity by requiring that damage from wear and tear result from the normal and ordinary operation of the engine. Thus, the District Court granted partial summary judgment for the insured and reserved for trial the question whether the damage resulted from the normal and ordinary operation of the engine. After hearing testimony, the District Court resolved the question in the negative and awarded damages to the insured. The insurer now appeals the District Courts grant of partial summary judgment resulting from its interpretation of the policy language. We conclude that the parties did not intend the term "wear and tear" to carry a specialized meaning, that the parties intended the policy to cover damage resulting from accidental and fortuitous occurrences, and that the incident that caused the damage to the insureds aircraft engine fell within the scope of coverage. We AFFIRM.