reverse and an entry of coverage in favor of city ruling should be entered for at least three reasons it's important to understand that the insurance company knowledge is here that we would have coverage except for their exclusions it's also important to to make the point that they  before it was you know corrosion and deterioration yet then i thought i read somewhere in the in the briefs it is said that you raise that issue of cracking fairly late  that we raised it in the circuit court and it was heard by the circuit court and they did not complain about that they went ahead and in fact what they did is that they made it strategic decision to accept issue of course a fact issue as to the cause of loss could eliminate the possibility of summary judgment accordingly liberty mutual does not seek to resolve the issue contest it is now dead issue here meaning they're not contesting liberty mutual reiterates the point here is set out below the hydrogen induced cracking is city brewing skin tension and for the occurring or gradually developing condition gradually developing condition there's no definition of gradual in the policy so the key issue is what is the meaning of a gradually developing condition not defined should be found in dictionar stages because that's the full meaning of the term gradual the oxford english dictionary the illinois supreme court has contrasted rapid with gradual gradual for gradually over millions of years of time gradual they are meaning slow moving over a long period of time the circuit court limited definition to root for fit the coverage which is totally wrong in terms of the insurance policy rules construction if there are two reasonable means returns ambiguous it must be construed in favor of the coverage instead the circuit court construed it in favor of the exclusion and forfeited our car which is just wrong under the law this is the circuit  impression for illinois that's for sure and it it's just basic insurance law that sad as if you can find the coverage re inquiry this is not an easy it is not an easy cost to identify this is very sophisticated science that the experts that we have for example are from national laboratories and this phenomena of hydrogen induced cracking and stress corrosion cracking are highly study but they are they're difficult to understand and when they came on the scene to determine what happened here they try to analyze the situation and with the evidence together to reach a conclusion that early diagnosis of the patient was wrong they need sure to stress corrosion cracking a corrosion or not because they misread the evidence and also once what i think just as lacking the saying is that independent scientists state that stress corrosion cracking is not corrosion it is cracking rather than corrosion it should be classified as cracking and  corrosion and there's these there's the arctic's are two experts state that and there are eight independent scientists that we've quoted in our briefing and was quoted below that testified in their t papers that stress corrosion packing is best described as a cracking phenomenon a form of cracking because cracking it is a failure mechanism and cracking is the reason in is hand in hand with their stressed corrosion cracking theory because the faulty workmanship allegation is that we supposedly left water on the can as part of the production and water in the is critical for stress corrosion cracking water on the can types has nothing to do with hydrogen induced cracking and they acknowledge that they're not saying that i didn't use tracking is a form of corrosion they're arguing that hydrogen induced that is the testimony of mr peterson a quality assurance director for city brewing looked at the wine every day left but yet so he said that the water came from the atmosphere with it that's not water it's ordinary so i understand that they pop in three weeks but under the circumstances where you have a solution to that you have humidity which is a natural cause in the cases i don't think we have any dispute about the fact that teary aeration is the weakening  gradual weakening of an object from natural causes at exeter if that's what happened to these to these games i want to touch on the property this is a case that album would apply only to instruction but they did it because of the specific wording of that solution and that's why th the defendants are you well wait a minute you didn't make that directly to this argument or he'll make it here before the truck to meet him here for the first time and the court said well there the court said they properly preserve the emotional distress claim so they can make the alternative argument here they're still seeking emotional distress there's no change that's not our case they're seeking a much different river dam in there and so unless they're not claiming castles last argument that which you that bring up before the trial court when we is reviewing court if we if we hadn't brought it up no you couldn't but we did bring it up and and it was plain and it was brief  demonstrates an ambiguity in the exclusion for corrosion which requires a finding of coverage there as well the one comment about our experts no one's perfect they struggled with this what they came up with is the explanation of hydrogen induced cracking is the cost it is the most reasonable we were startled by it was a devastating loss for them it nearly crushed or company and you runners we ask that this court please refers to the circuit court and entering summary judgment