1st Circuit Remands 'Loss Of Use' Issue In Defective Product Coverage Suit

1st Circuit Remands 'Loss Of Use' Issue In Defective Product Coverage Suit

BOSTON - A federal court reference to "emergency repairs" in its jury instruction on a manufacturer insured's "loss of use" damages was a prejudicial error, the First Circuit U.S. Court of Appeals held March 16, vacating and remanding the $13.3 million judgment in favor of the insured in a coverage dispute stemming from defective power converters used in cell phone stations (Vicor Corp. v. Vigilant Insurance Co., et al., Nos. 09-1470; 09-1494; 09-1589, 1st Cir.).

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