Defense Counsel Journal - International Association of Defense ...

The Global Supply Chain Page 435UnnamedLocation.3) covered under theterms and conditionsof the AutomaticCoverage or Errorsand Omissionsprovisions.B. References andApplication. Thefollowing term(s)wherever used in thisPolicy means:1) MiscellaneousUnnamed Location:A Location owned,leased or rented bythe Insured but notspecified in theSchedule ofLocations.2) Location:a) as specified inthe Schedule ofLocations, orb) if not specifiedin the Schedule ofLocations, aLocation is abuilding, yard,dock, wharf, pieror bulkhead (orany group of theforegoing)bounded on allsides by publicstreets, clear landspace or openwaterways, eachnot less than fiftyfeet wide. Anybridge or tunnelcrossing suchstreet, space orwaterway willrender suchseparationinoperative for thepurpose of thisReference andApplication. 76The court characterized the coveragedispute as whether the damage to IrvingOil’s pipeline occurred at a covered“dependent time element” and a covered“dependent time element” (DTE)location. It was undisputed that under theterms of the policy, Irving Oil was asupplier to Tamko, and any of its“locations” suffering physical loss ordamage would be covered under thepolicy. The policy defined “location” as a“building, yard, dock, wharf, pier orbulkhead (or any group of theforegoing).” These terms were notseparately defined in the policy.Tamko argued that the SPM systemfit within the ordinary meaning of theterms dock, wharf, and building. Thecourt cited Merriam-Webster's CollegiateDictionary, which defined “dock” as “aplace (as a wharf or platform) for theloading or unloading of materials.” 77Similarly, the term “wharf” was definedas “a structure built along or at an anglefrom the shore of navigable waters so that76 Id. at *8-*9.77Id. at *11 (citing Merriam-Webster'sCollegiate Dictionary 341 (10th ed. 2002)).