In Tufo's Wholesale Dairy, Inc. v. CNA Financial Corp., No. 03 Civ. 10175 (JFK), 2005 WL 756884 (S.D.N.Y. Apr. 4, 2005), the court found provisions in a boiler and machinery policy to be ambiguous.

Tufo's Wholesale Dairy's refrigeration units lost power during the August 14, 2003, blackout that occurred in the Northeast. Tufo's electric supplier's system was shut down by the system's safety and protective devices—the shut down was not caused by physical damage to the supplier's equipment.