EQUITY OIL CO. v. NATIONAL FIRE INS. CO. OF HARTFORD

No. 5546.

247 F.2d 393 (1957)

EQUITY OIL COMPANY, a corporation, Appellant, v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 7, 1957.


Attorney(s) appearing for the Case

Fred H. Evans, Salt Lake City, Utah, for appellant.

A. H. Nebeker, Salt Lake City, Utah (Albert R. Bowen, Salt Lake City, Utah, was with him on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

By its scheduled property floater policy, the appellee insured appellant's oil well drilling rig against loss or damage caused by fire, excluding however "any loss or damage * * * caused by or incident to a blowout * * * or any fire damage resulting therefrom." The insured brought this suit on the policy to recover for a fire loss to the insured rig. On pre-trial, the triable issues were defined as (1) whether there was a blowout; (2) if so...

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