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Meter Cover Accident Insurer's Responsibility
Publication year - 1992
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1992.tb05876.x
Subject(s) - appeal , liability , law , cover (algebra) , declaration , liability insurance , trial court , action (physics) , business , political science , engineering , physics , quantum mechanics , mechanical engineering
Brian Tracy was injured in February 1984 when he stepped on the loose cover of an underground water meter in grass between the sidewalk and the street near a home in Jefferson Parish, Louisiana. At the time, the parish had a comprehensive general liability insurance policy with Travelers Insurance Companies that did not cover any claim or liability arising out of the existence or operation of any sidewalk. Tracy sued the parish, the nearby homeowner, and the cover's manufacturer. Travelers denied coverage. Tracy brought this action seeking a declaration as to Travelers' liability. While the action was pending, the parish settled with Tracy for $1.6 million. The trial court ruled for Travelers. The trial court decision was reversed on appeal.