Hamilton Die Cast, Inc. v. United States Fid. & Guar. Co., 508 F.2d 417 (7th Cir. 1975). · Go Syfert
Hamilton Die Cast, Inc. v. United States Fid. & Guar. Co., 508 F.2d 417 (7th Cir. 1975). Cases Citing This Book View Copy Cite
146 citation events (21 in the last 25 years) across 40 distinct courts.
Strongest positive: West Bend Insurance Company v. Daniel Benson, et al. (innd, 2026-03-24)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) West Bend Insurance Company v. Daniel Benson, et al.
N.D. Ind. · 2026 · confidence medium
Co., 508 F.2d 417, 419 (7th Cir. 1975) (finding unpersuasive the “inventive, if farfetched” argument that “property damage” occurred when tennis rackets were built with “defective” frames).
cited Cited as authority (rule) Motorists Mut. Ins. Co. v. Ironics, Inc. (Slip Opinion)
Ohio · 2022 · confidence medium
Co., 508 F.2d 417, 418 (7th Cir.1975), fn. 1.
cited Cited as authority (rule) American Home Assurance Co. v. SMG Stone Co.
N.D. Cal. · 2015 · confidence medium
Co., 508 F.2d 417, 419-20 (7th Cir.1975)) (brackets in original).
examined Cited as authority (rule) Magnus, Inc. v. Diamond State Insurance (5×) also: Cited "see"
D. Kan. · 2015 · confidence medium
Co., 508 F.2d 417, 419 (7th Cir.1975) (concluding a CGL policy insuring against property damage caused by an occurrence did not cover damages to business reputation because those are “damages for injury to intangible property”).
discussed Cited as authority (rule) Magnus, Inc. v. Diamond State Insurance Co.
10th Cir. · 2013 · confidence medium
Co., 508 F.2d 417, 419 (7th Cir.1975) (concluding a CGL policy insuring against proper *754 ty damage caused by an occurrence did not cover damages to business reputation because those are "damages for injury to intangible property”).
discussed Cited as authority (rule) American Insurance v. Crown Packaging International
N.D. Ind. · 2011 · confidence medium
Co., 508 F.2d 417, 419 (7th Cir.1975) (tennis-racket manufacturer withdrew rackets from the market because frame supplied by insured was defective: "We do not think that the mere inclusion of a defective component, where no physical harm to the other parts results therefrom, constitutes 'property damage’ within the meaning of the policy”); Dreis & Krump Mfg.
discussed Cited as authority (rule) Wausau Underwriters v. United Plastics Grou
7th Cir. · 2008 · confidence medium
Co. v. Bazzi Constuction Co., 815 F.2d 1146, 1148-49 (7th Cir. 1987) (Illinois law); Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419-20 (7th Cir. 1975) (same); Jeffrey W.
discussed Cited as authority (rule) Wausau Underwriters Insurance v. United Plastics Group, Inc.
7th Cir. · 2008 · confidence medium
Co. v. Bazzi Constuction Co., 815 F.2d 1146, 1148-49 (7th Cir.1987) (Illinois law); Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419-20 (7th Cir.1975) (same); Jeffrey W.
cited Cited as authority (rule) Travelers Indemnity Co. of America v. Moore & Associates, Inc.
Tenn. · 2007 · confidence medium
Co., 508 F.2d 417, 419-20 (7th Cir.1975)).
discussed Cited as authority (rule) F & H Construction v. ITT Hartford Insurance
Cal. Ct. App. · 2004 · confidence medium
Nev.) 684 F.Supp. 246 [improperly sized concrete blocks used in building construction not property damage].) Some courts have even applied this rule to reject property damage claims under policies that define “property damage” to mean “injury to tangible property.” (Fresno Economy Import Used Cars, Inc. v. United States Fidelity & Guaranty Co. (1977) 76 Cal.App.3d 272, 282, 284 [ 142 Cal.Rptr. 681 ] (Fresno Economy Import Used Cars) [presence of broken head gasket in automobile not “injury to tangible property”]; Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co. (7th…
cited Cited as authority (rule) Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.
Cal. Ct. App. · 2000 · confidence medium
Co. (7th Cir. 1975) 508 F.2d 417, 419 [defective tennis racket frame]; Seagate Technology v. St.
discussed Cited as authority (rule) Wm. C. Vick Construction Co. v. Pennsylvania National Mutual Casualty Insurance
E.D.N.C. · 1999 · confidence medium
Co., 548 F.2d 681 , 688-89 (7th Cir.1977) (holding that property damage to industrial press brake resulting from defective manufacture is not an occurrence within meaning of CGL policy); Jakobson, 961 F.2d at 389 (“Were we to construe the words ‘accident’ or ‘continuous .or repeated exposure to conditions’ as encompassing damage to a product resulting from the product’s failure to perform according to contract specifications, we would expand the agreed-upon coverage.”); Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419-20 (7th Cir.1975) (holding …
discussed Cited as authority (rule) Woodfin Equities Corp. v. Harford Mutual Insurance
Md. Ct. Spec. App. · 1996 · confidence medium
Co., 508 F.2d 417, 420 (7th Cir.1975) (“If one of the completed [tennis] rackets had broken during normal use due to the defective frames and a person or an item of property had been harmed, it seems clear that there would have been an ‘occurrence’ and that defendant would have had responsibility for plaintiffs defense..
discussed Cited as authority (rule) Monticello Insurance v. Wil-Freds Construction, Inc.
Ill. App. Ct. · 1996 · confidence medium
Resources, Inc. v. King (2d Cir. 1993), 987 F.2d 98 , 103 (defective workmanship of excavation contractor is not an occurrence); Jakobson Shipyard, Inc. v. Aetna Casualty & Surety Co. (2d Cir. 1992), 961 F.2d 387, 389 (faulty workmanship which does not comply with contract specifications is not an occurrence triggering coverage under CGL policy; applying New York law); Dreis & Krump Manufacturing Co. v. Phoenix Insurance Co. (7th Cir. 1977), 548 F.2d 681 , 688-89 (property damage to industrial equipment resulting from defective manufacture is not an occurrence); Hamilton Die Cast, Inc. v. Unit…
discussed Cited as authority (rule) Diamond State Insurance v. Chester-Jensen Co.
Ill. App. Ct. · 1993 · confidence medium
(Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co. (7th Cir. 1975), 508 F.2d 417, 419-20 (“We do not think that the mere inclusion of a defective component, where no physical harm to the other parts results therefrom, constitutes ‘property damage’ within the meaning of the policy. *** Idled machinery is not injured or destroyed tangible property and, therefore, there is no ‘property damage’ within the coverage of the policy”); accord Sentry Insurance Co. v. S & L Home Heating Co. (1980), 91 Ill.
discussed Cited as authority (rule) Travelers Insurance Companies v. Penda Corporation (2×)
7th Cir. · 1992 · confidence medium
Co., 508 F.2d 417, 419 (7th Cir.1975) (“We do not think that the mere inclusion of a defective component, where no physical harm to the other parts results therefrom, constitutes ‘property damage’ within the meaning of the policy.”).
discussed Cited as authority (rule) Eljer Manufacturing, Inc. v. Liberty Mutual Insurance
N.D. Ill. · 1991 · confidence medium
Id. at 992 (quoting Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419-20 (7th Cir.1975) (applying Ohio law, but assuming Ohio law is consistent with Illinois law)). 14 Just as there were cracks in the parking garage in O’Neil, leaks in and water damage from a residential unit’s Qest System would constitute damage to the overall structure.
discussed Cited as authority (rule) Bituminous Casualty Corp. v. Gust K. Newberg Construction Co.
Ill. App. Ct. · 1991 · confidence medium
App. 3d 115, 124 , 294 N.E.2d 7 (investments, anticipated profits and financial interests are not physical or tangible property); and Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co. (7th Cir. 1975), 508 F. 2d 417, 419 (inclusion of a defective component where no physical harm occurs to other parts is not property damage).
cited Cited as authority (rule) Olympic Steamship Co., Inc. v. Centennial Ins. Co.
Wash. · 1991 · confidence medium
Co., 508 F.2d 417, 420 (7th Cir. 1975)), only a minority of jurisdictions, the two cited, embrace this position.
cited Cited as authority (rule) Maryland Casualty Co. v. Reeder
Cal. Ct. App. · 1990 · confidence medium
Co. (7th Cir. 1975) 508 F.2d 417, 419-420 (Hamilton Die Cast), where a manufacturer of tennis rackets tried to recover the cost of replacing defective frames from its insurer.
discussed Cited as authority (rule) W.R. Grace & Company v. Continental Casualty Company
5th Cir. · 1990 · confidence medium
Co. v. Ed Bailey, Inc., 103 Idaho 377 , 647 P.2d 1249, 1253 (1982) (concern over the possible need for future containment or removal does not amount to property damaged during past policy periods); Hamilton Die Cast, Inc. v. United States Fidelity & Gaurantee Co., 508 F.2d 417, 419-20 (7th Cir.1975) ("[T]he mere inclusion of a defective component, where no physical harm to the other parts results therefrom, [does not] constitute[ ] 'property damage' within the meaning of the policy.").
discussed Cited as authority (rule) W.R. Grace & Co. v. Continental Casualty Co.
5th Cir. · 1990 · confidence medium
Co. v. Ed Bailey, Inc., 103 Idaho 377 , 647 P.2d 1249, 1253 (1982) (concern over the possible need for future containment or removal does not amount to property damaged during past policy periods); Hamilton Die Cast, Inc. v. United States Fidelity & Gaurantee Co., 508 F.2d 417, 419-20 (7th Cir.1975) (“[T]he mere inclusion of a defective component, where no physical harm to the other parts results therefrom, [does not] constitute[] ‘property damage’ within the meaning of the policy.”).
cited Cited as authority (rule) Zurich Insurance v. Raymark Industries, Inc.
N.D. Ill. · 1987 · confidence medium
Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419 (7th Cir.1975).
cited Cited as authority (rule) Home Insurance v. Service America Corp.
N.D. Ill. · 1987 · confidence medium
Hamilton Die Cast Inc. v. United States F & G Co., 508 F.2d 417, 419 (7th Cir.1975).
discussed Cited as authority (rule) Shamblin v. Nationwide Mutual Insurance
W. Va. · 1985 · confidence medium
The cases have consistently construed ‘occurrence’ or ‘accident’ in liability policies to mean the event for which the insured becomes liable, and not some antecedent cause of the injury.” Champion, supra, 546 F.2d at 508 (Newman, J., dissenting), citing, for example, Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419-20 (7th Cir.1975) (policy does not cover an alleged “occurrence” of negligent manufacture without resulting “property damage,” but does cover negligent manufacture that results in “an occurrence” of property damage, with the …
discussed Cited as authority (rule) American Home Assurance Co. v. Libbey-Owens-Ford Co.
D. Mass. · 1984 · confidence medium
Paul Fire and Marine Insurance Co. v. Sears, Roebuck & Co., 603 F.2d 780 (9th Cir.1979); Western Casualty and Surety Co. v. Polar Panel Co., 457 F.2d 957 (8th Cir.1972); Missouri Terrazzo Co. v. Iowa National Mutual Insurance Co., 566 F.Supp. 546 (E.D.Mo.1983); Aetna Casualty & Surety Co. v. PPG Industries, Inc., 554 F.Supp. 290 (D.Ariz.1983); American Motorists Insurance Co. v. Trane Co., 544 F.Supp. 669 (W.D.Wisc.) aff’d, 718 F.2d 842 (7th Cir.1983); Continental Casualty Company v. Gilbane Building Co., 391 Mass. 143 , 461 N.E.2d 209 (1984); Sola Basic Industries Inc. v. U.S. Fidelity & Gu…
cited Cited as authority (rule) Continental Casualty Co. v. Gilbane Building Co.
Mass. · 1984 · confidence medium
Co., 508 F.2d 417, 419-420 (7th Cir. 1975).
cited Cited as authority (rule) Sterilite Corp. v. Continental Casualty Co.
Mass. App. Ct. · 1983 · confidence medium
Co., 508 F.2d 417, 419-420 (7th Cir. 1975), cited by Continental, turning on “property damage,” requires discriminating reading because the term was defined differently in the policy there at bar.
cited Cited as authority (rule) Triple U Enterprises, Inc. v. New Hampshire Insurance
D.S.D. · 1983 · confidence medium
Co., 508 F.2d 417, 419 (7th Cir.1975), under a broad interpretation of the term “property”.
cited Cited as authority (rule) Vernon Williams & Son Construction, Inc. v. Continental Insurance Co.
Tenn. · 1979 · confidence medium
Co., 508 F.2d 417, 420 (7th Cir. 1975); Dreis & Krump Mfg.
cited Cited as authority (rule) St. Paul Fire and Marine Insurance Company, a Corporation v. Sears, Roebuck and Company, a Corporation
9th Cir. · 1979 · confidence medium
Co., 508 F.2d 417, 419 (7th Cir. 1975); accord, Fresno Economy Import Used Cars, Inc. v. United States F. & G.
discussed Cited as authority (rule) Weedo v. Stone-E-Brick, Inc. (2×)
N.J. · 1979 · confidence medium
Co., 508 F. 2d 417, 420 (7th Cir.1975); Dreis & Krump Mfg.
cited Cited as authority (rule) Forty-Eight Insulations, Inc. v. Johns-Manville Products Corp.
N.D. Ill. · 1979 · confidence medium
Co., 508 F.2d 417, 418 (7th Cir. 1975).
cited Cited as authority (rule) Ed Houser Enterprises, Inc. v. General Motors Corporation
7th Cir. · 1979 · confidence medium
Co., 508 F.2d 417, 420 (7th Cir. 1975).
discussed Cited as authority (rule) The Chesapeake and Ohio Railway Company v. Illinois Central Gulf Railroad Company (2×)
7th Cir. · 1977 · confidence medium
E. g., Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Corp., 508 F.2d 417, 420 (7th Cir. 1975).
cited Cited as authority (rule) Young v. Brashears
7th Cir. · 1977 · confidence medium
Helvering v. Wood, 309 U.S. 344 , 60 S.Ct. •551, 84 L.Ed. 796 (1940); Hamilton Die Cast, Inc. v. United States Fidelity & Guar anty Co., 508 F.2d 417, 420 (7th Cir. 1975).
cited Cited as authority (rule) Young v. Brashears
7th Cir. · 1977 · confidence medium
Helvering v. Wood, 309 U.S. 344 , 60 S.Ct. 551 , 84 L.Ed. 796 (1940); Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 420 (7th Cir. 1975).
discussed Cited as authority (rule) Dreis & Krump Manufacturing Company v. The Phoenix Insurance Company
7th Cir. · 1977 · confidence medium
(Schweigert v. Beneficial Standard Life Insurance Co. (1955), 204 Or. 294, 303 , 282 P.2d 621 ; Holter v. National Union Fire Insurance Co. (1969), 1 Wash.App. 46 , 459 P.2d 61 ; Couch on Insurance § 15:19.) Reasoning from this principle, we held in Banner Insurance Co. v. Avella, 128 Ill.App.2d 471 , 262 N.E.2d 791 that one who accepts the meaning of a term in the coverage clause of a policy must give that term the same meaning when it appears in the exclusionary clause. 30 Inasmuch as the Endorsement does not define "property" nor expressly exclude the definition of "property" which appears…
discussed Cited as authority (rule) Dreis & Krump Manufacturing Co. v. Phoenix Insurance (2×)
7th Cir. · 1977 · confidence medium
The final problem is whether the damage alleged in the Bustin suit was caused by “accident.” In Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 420 (7th Cir. 1975), this court said: . [T]he damages claimed by Midland were not the result of “an occurrence” as required by the terms of the policy.
discussed Cited as authority (rule) Sherwin S. Stern v. United States Gypsum, Inc.
7th Cir. · 1977 · confidence medium
It is a well-settled general proposition that “a litigant cannot present to this court as a ground for reversal an issue which was not presented to the trial court and which it, therefore, had no opportunity to decide.” Desert Palace, Inc. v. Salisbury, 401 F.2d 320, 324 (7th Cir. 1968); Hamilton Die Cast, Inc. v. United States Fidelity and Guaranty Company, 508 F.2d 417, 420 (7th Cir. 1975).
cited Cited as authority (rule) Lektro-Vend Corporation, a Delaware Corporation v. The Vendo Company, a Missouri Corporation
7th Cir. · 1976 · confidence medium
Co., 508 F.2d 417, 420 (7th Cir. 1975): [A] trial court should not be reversed on grounds that were never urged or argued below.
discussed Cited as authority (rule) Lawrence W. Lambert v. David R. Conrad and Martha Carlson
7th Cir. · 1976 · confidence medium
We might properly disregard it, since it is raised for the first time on appeal, Hamilton Die Cast, Inc. v. United States Fidelity and Guaranty Co., 508 F.2d 417, 420 (7th Cir. 1975); but it is nevertheless clear that res judicata may be raised by pre-answer motion or at least that it is within the district court’s discretion to allow it to be so raised.
cited Cited as authority (rule) Charles B. Cannon v. U. S. Acoustics Corporation
7th Cir. · 1976 · confidence medium
Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 420 (7th Cir. 1975); Mark v. McDonnell & Co., 447 F.2d 847, 848 (7th Cir. 1971).
cited Cited as authority (rule) Edward J. Barry v. United States
7th Cir. · 1976 · confidence medium
Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 420 (7th Cir. 1975).
cited Cited "see" Arthur Winer, Inc. v. Aimen
N.D. Ill. · 1994 · signal: see · confidence high
See Hamilton Die Cast, Inc. v. USF & G Co., 508 F.2d 417, 420 (7th Cir.1975). .
cited Cited "see" United States Fire Insurance Company v. The Chardon Rubber Company
6th Cir. · 1992 · signal: see · confidence high
See Hamilton Die Cast, 508 F.2d at 420 . 24 Chardon also alleges that Carol Cable's businesses interruption costs amount to a covered "loss of use" of property under the insurance policy.
cited Cited "see" Courts of the Phoenix v. Charter Oak Fire Insurance
N.D. Ill. · 1983 · signal: see · confidence high
See Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419 (7th Cir.1975) (applying Illinois choice of law rules).
cited Cited "see" Cheryl Young v. J.C. Penney Life Insurance Company
7th Cir. · 1983 · signal: see · confidence high
See Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Co., 508 F.2d 417, 419 (7th Cir.1975).
discussed Cited "see" Old Republic Ins. Co. v. WEST FLAGLER ASSOCIATESM LTD.
Fla. Dist. Ct. App. · 1982 · signal: accord · confidence high
Accord, Hamilton Die Cast, Inc. v. United States Fidelity & Guaranty Company, 508 F.2d 417 (7th Cir.1975) (claim against insured which allegedly sold defective tennis rackets to plaintiff for sums plaintiff required to refund to customers classified by court as essentially one for loss of anticipated profits and loss of goodwill; insurer not obligated to defend under policy making it liable for injury to or destruction of tangible property caused by an occurrence); Yakima Cement Products Co. v. Great American Insurance Co., 14 Wash. App. 557 , 544 P.2d 763 (1975) (contractor's claim against su…
cited Cited "see, e.g." W.E. O'Neil Construction Co. v. National Union Fire Insurance Co. of Pittsburgh
N.D. Ill. · 1989 · signal: see, e.g. · confidence low
See, e.g., Hamilton Die, 508 F.2d at 419-420 ; U.S. Fidelity & Guaranty Co. v. Nevada Cement Co., 93 Nev. 179 , 561 P.2d 1335 (1977).
Retrieving the full opinion text from the archive…
HAMILTON DIE CAST, INC., Plaintiff-Appellant,
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee
74-1077.
Court of Appeals for the Seventh Circuit.
Jan 3, 1975.
508 F.2d 417
Barry T. McNamara, Chicago, 111., for plaintiff-appellant., Robert L. Kiesler, Chicago, 111., for defendant-appellee.
Swygert, Maris, Cummings.
Cited by 95 opinions  |  Published
CUMMINGS, Circuit Judge.

In November 1972, plaintiff brought this declaratory judgment action seeking a determination of its rights under a contract of insurance issued by defendant which insured plaintiff against its liability for personal injuries and property damage caused by an “occurrence.” In November 1971, Midland Sporting Goods (“Midland”) sued plaintiff, which had agreed to manufacture for Midland all of its requirements of aluminum die cast tennis rackets. [1] Midland claimed that the tennis racket frames were to be of good and merchantable quality and “porosity and oxide free, of optimum metal density and free of shrinkage.” According to Midland’s complaint, the number of rejects in the lots produced by plaintiff was not to exceed 1% and an implied warranty that the goods would be merchantable attached under Section 2 — 314 of the Uniform Commercial Code (Ill.Rev. Stats, ch. 26, § 2-314 (1973)). Midland sought $2,000,000 in damages from plaintiff for the following reasons set forth in its complaint:

“6. Defendant failed to make timely shipment and delivery of the said tennis rackets.
“7. Defendant failed to furnish to plaintiff all its requirements of said tennis rackets.
“8. The tennis rackets which were manufactured by defendant and sold and delivered to plaintiff were not of good and merchantable quality. The said tennis rackets were not porosity and oxide free, were not of optimum metal density and were not free of shrinkage.
“9. The number of rejects in the lots of tennis rackets manufactured by defendant and sold and delivered to plaintiff exceeded 1%.”

Paragraph 10 of the complaint describes the damages that Midland claims:

“10. As a result of the matters set forth in the foregoing paragraphs 6, 7, 8 and 9, plaintiff’s supply of tennis rackets was not sufficient for it to[*419] satisfy the demand for such rackets, plaintiff was required to refund the purchase price of defective tennis rackets which were returned to it, and the reputation of plaintiff and its tennis racket in the market was damaged. By reason of the foregoing, plaintiff has suffered damages to the extent of $2,000,000.”

As a result of the alleged defects Midland withdrew its tennis rackets from the market. As of the time of the oral argument before us, Midland’s suit had not yet been tried.

Plaintiff tendered the defense of the Midland action to defendant under its comprehensive general liability insurance policy, but defendant refused the tender on various grounds. In its answer to the instant complaint, defendant asserted that (1) there was no “occurrence,” as required by the insurance policy; (2) there was no “property damage” within the meaning of the policy; and (3) the so-called “sisterhood” exclusion (Exclusion N of the policy) was applicable. [2] We agree. Since we uphold the validity of these three defenses, we do not reach other defenses asserted in defendant’s answer.

After both parties filed motions for summary judgment, then District Judge Tone issued an unreported memorandum opinion denying plaintiff’s motion and granting defendant’s, holding that “Midland’s claim is essentially one for loss of investment, loss of anticipated profits, and loss of goodwill” and that damages from injury to such intangible property rights were excluded from the policy’s coverage. In a supplemental opinion, he also held that the “sisterhood” exclusion (N) precluded coverage. He did not determine whether there was an “occurrence” within the meaning of the policy.

We affirm.

In pertinent part, the policy covers plaintiff’s liability for “property damage” which is “caused by an occurrence.” In our judgment, the district court correctly held that any sums plaintiff may be obligated to pay as a result of the Midland action will not be a result of “property damage” as defined in the policy. The definition is: “injury to or destruction of tangible property.” As Judge Tone rightly observed, Midland is claiming damages for injury to intangible property, [3] so that coverage does not exist under the policy. See St. Paul Fire & Marine Ins. Co. v. Northern Grain Co., 365 F.2d 361, 367 (8th Cir. 1966); Hartford Accident & Indemnity Co. v. Case Foundation Co., 10 Ill.App.3d 115, 294 N.E.2d 7 (1st Dist. 1973). Since this is a diversity case, Illinois rules on choice of law are applicable because that is the state where the district court is located. Illinois choice of law rules dictate the choice of Ohio law, as the state wherein the insurance contract was apparently executed. However, plaintiff has cited no applicable authority from Ohio that is contrary to the Hartford case. [4]

Using an inventive, if farfetched, approach, plaintiff contends in this Court, that there was “property damage” to the finished product, the racket, by reason of the incorporation of the allegedly defective part, the frame. We do not think that the mere inclusion of a defective component, where no physical harm to the other parts results therefrom, constitutes “property damage” within the meaning of the policy. For example, if an automobile crash results from the failure of its defective tire, the defective component can be said to have caused “property damage” to the finished product. If, however, some of the tires purchased by the automobile manufacturer are found to be defective and the manufacturer therefore with[*420] draws its cars from the market, there has not been “injury to or destruction of tangible property,” which is (as noted) the definition of “property damage” in the policy. We also reject plaintiff’s contention that because Midland’s complaint implicitly seeks compensation for the loss of use of its machinery for finishing the rackets idled by the alleged lack of quality frames, the suit is one for “property damage.” Idled machinery is not injured or destroyed tangible property and, therefore, there is no “property damage” within the coverage of the policy.

Secondly, Exclusion N of the policy applies, as held in the district court’s second memorandum opinion. That clause specifically excludes:

“damages claimed for the withdrawal, inspection, repair, replacement or loss of use of the Named Insured’s products or work completed by or for the Named Insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein” (emphasis added).

Here Midland withdrew the tennis rackets from the market because the frames “were not porosity and oxide free, were not of optimum metal density and were not free of shrinkage.” As the district judge observed, Exclusion N was “designed to exclude from coverage costs incurred by the withdrawal of goods from the market, the situation presented here.” (See emphasized language of Exclusion N above.) Under the language of Exclusion N, it is immaterial that the withdrawal was not by the insured. [5]

Finally, although it was not a basis for the district court’s decision, we think it is appropriate to note that the damages claimed by Midland were not the result of “an occurrence” as required by the terms of the policy. An “occurrence” is defined as “an accident, including injurious exposure to conditions, which results, during the policy period, in bodily injury or property damage neither expected nor intended from the standpoint of the Insured.” Because Midland’s complaint controls the question whether defendant must accept the tender of defense, it is of course immaterial that plaintiff’s declaratory judgment complaint characterizes Midland’s suit as “for property damage arising from an occurrence of alleged negligent manufacture” of aluminum tennis racket frames by plaintiff. If one of the completed rackets had broken during normal use due to the defective frames and a person or an item of property had been harmed, it seems clear that there would have been an “occurrence” and that defendant would have had responsibility for plaintiff’s defense. Such a situation would clearly be “an accident.” The policy does not, however, cover “an occurrence of alleged negligent manufacture”; it covers negligent manufacture that results in “an occurrence.” Plaintiff’s strained interpretations aside, the Midland complaint would not support a reasonable belief that Midland’s damages were the result of “an occurrence” within the definition of the policy in suit.

Plaintiff relies upon Maurice Pincoffs Co. v. St. Paul Fire & Marine Ins. Co., 447 F.2d 204 (5th Cir. 1971), to support its argument that there was an “occurrence” under defendant’s policy. However, in that case, the parties did not disagree on whether an occurrence had in fact transpired. The question before the court was whether there was one occurrence of liability or eight separate occurrences under the policy. The Pin-coffs case is inapplicable because it did not focus upon the issue before us.

Because it was not raised below, we do not consider plaintiff’s argument that since Midland’s suit against plaintiff had not yet been tried, summary judgment in this case was premature.

Judgment affirmed.

1

. Although Midland’s complaint refers to “tennis rackets,” it is clear that plaintiff was commissioned to make only the frames. Apparently Midland would then undertake to complete the rackets by adding string, handles, etc. This fact is crucial to plaintiff’s theory of the case before us.

2

. The “sisterhood” exclusion is discussed in R. Elliott, New Comprehensive General Liability Policy, Practicing Law Institute XII-QQ-9 (1967).

3

. See Paragraph 10 of Midland’s complaint quoted supra.

4

. The non-Ohio cases relied upon by plaintiff to show that there was property damage are inapposite because they involve policy provisions differing from the one before us.

5

. To the extent that Parker Products, Inc. v. Gulf Insurance Co., 486 S.W.2d 610 (Tex.Civ.App.1972), is to the contrary, we agree with the dissenting opinion. This point, was not discussed when the Parker Products case reached the Supreme Court of Texas. See 498 S.W.2d 676 (1973).