Pioneer Chlor Alkali v. National Union Fire Ins. Co

In Pioneer Chlor Alkali v. National Union Fire Ins. Co. (D.Nev. 1994) 863 F. Supp. 1226, chlorine gas traveled through steel tubes, which passed through a liquefier. Brine was forced into the liquefier, cooling the chlorine gas into a liquid state. At some point, however, a rag became lodged in the liquefier, diverting the flow of brine and causing holes in the tubes. Brine passed through the holes, mixing with the chlorine, and the brine/chlorine mixture corroded the tubes, damaged equipment, and led to the emission of chlorine gas. The court concluded that a jury could reasonably find that the efficient proximate cause of the loss was the corrosion (an excluded peril) or the rag (a covered peril), and there was thus a triable issue of material fact precluding summary judgment.