On January 20, 1995, an oil fire broke out in the boiler room of the Kimball Towers
The Facts
On summary judgment we of course take the facts most favorably to plaintiff Preferred, but review the court’s legal conclusions de novo.
See, e.g., Dominique v. Weld,
The fire, according to Preferred, occurred in the following manner. A leaky seal in the fuel pump, that supplied oil to the burner that heated the boiler, allowed oil to be propelled, with air, into the burner tube. Here it caught fire. This fire caused a melt, allowing the burner to fall, damaging the oil line. This released oil, fed by gravity from the storage supply, that caught fire and burned until ultimately extinguished by the fire department.
The relevant Travelers’ policy provisions (quoted out of order) are these.
A. COVERAGE
We will pay for direct damage to Covered Property caused by a Covered Cause of Loss.
1. Covered Property
Covered Property, as used in this Coverage Part, means any property that:
a. You own;
2. Covered Cause of Loss
A Covered Cause of Loss is an “accident” to an “object.”
G. DEFINITIONS
1. “Accident” means a sudden and accidental breakdown of the “object” or part of the “object.”
5. “Object” means:
a. Unless excluded in the Declarations, the following equipment:
(1) Any boiler, including its piping and accessory equipment.
Interrupting, we read the policy to say that Travelers will pay (subject to exclusions)
B. EXCLUSIONS
We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
4. Other Exclusions
' Loss caused by or resulting from:
a. Fire or combustion explosion that occurs at the same time as an “accident” or that ensues from an “accident.” With respect to any electrical equipment forming a part of an “object,” this exclusion is changed to read:
Fire or explosion outside the “object” that occurs at the same time as an “accident” or ensues from an “accident.”
The initial paragraph unambiguously means what it says. If the fire fell within the provisions of section B4a it is not covered even though it also met some other definitions.
Cf. Jussim v. Massachusetts Bay Ins. Co.,
Turning, therefore, to 4a’s first sentence, concededly the leak in the pump was an accident to an object. Whether or not the broken supply line also be considered accessory equipment, the burning of the fuel supply unquestionably “ensue[d] from an ‘accident.’ ” It was plainly excluded.
In this posture Preferred complains that this conclusion “result[s] in coverage to the insured which [i]s unrealistically limited.” Support is offered by an affidavit of Kim-ball’s “property manager,” who had obtained the policies:
It has been my continued understanding and expectation that fire originating from the boiler or its accessory equipment would be covered under Travelers’ Boiler and Machinery Policy.
Thus we have an insurer that had received a premium of $40,484, claiming it was unreasonable for an insurer who had received a premium of $875 not to pay it $357,279, in part, if not in whole. The lion would lie down with the lamb — for dinner.
The Boiler and Machinery policy covered accidents to the boiler and accessory equipment, and, in terms, excluded “fire ... that ensues from an ‘accident.’” There was an accident, and fire ensued. Plaintiff, who is in the business of writing and interpreting insurance contracts, sues therefor. We give notice that if it wishes to object to our assessing double costs it do so, with grounds, within ten days of the date hereof.
See
Fed. R.App. P. 38;
Cronin v. Town of Amesbury,
Affirmed.