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ROGERS v. AETNA CAS. AND SUR. CO.

No. 77-1420.

601 F.2d 840 (1979)

Ben ROGERS, Plaintiff-Appellee, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant-Third Party Plaintiff, Appellant, v. Milton BELL and Mansard Homes Co., Inc., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 30, 1979.

Attorney(s) appearing for the Case

Osborne J. Dykes, III, Russell H. McManis, Fulbright & Jaworski, Houston, Tex., for defendant-third party plaintiff, appellant.

Robert Q. Keith, Beaumont, Tex., for Rogers.

James L. Weber, Gilbert I. Low, Beaumont, Tex., for Mansard Homes Co., Inc.

Brack Jones, Jr., Beaumont, Tex., for Bell.

Before COLEMAN, GODBOLD and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

This appeal arises out of a dispute over the language in the dwelling extension clause of a Texas standard homeowners policy.1 The jury, upon special interrogatories, found against the insurer Aetna Casualty & Surety Company (Aetna) on all points, whereupon the trial court entered judgment on the verdict in favor of the insured Ben Rogers, plaintiff. From the denial of its motion for directed verdict and judgment...

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