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L & S ENTERPRISES CO. v. GREAT AMERICAN INSURANCE CO.

No. 18570.

454 F.2d 457 (1971)

L & S ENTERPRISES COMPANY, Plaintiff-Appellee, v. GREAT AMERICAN INSURANCE COMPANY and United States Fidelity and Guaranty Company, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

December 2, 1971.

Attorney(s) appearing for the Case

Dom J. Rizzi, Epton, McCarthy, Bohling & Druth, Chicago, Ill., for defendants-appellants; Bernard E. Epton, Edward McCarthy, James V. Creen, Chicago, Ill., of counsel.

George C. Rabens, Chicago, Ill., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, and KERNER and SPRECHER, Circuit Judges.

KERNER, Circuit Judge.

L & S Enterprises brought this diversity action in the district court to recover under an insurance policy issued by the defendants, for damage arising out of a fire of its business premises on February 13, 1967. After a jury trial, a verdict was returned in favor of the plaintiff, L & S. The defendants appeal.

The defendants sought to prove below that the owners of L & S caused the fire themselves, and argue on appeal that...

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