American Universal Insurance Co. v. Joseph Falzone

Appellant’s house burned in 1976. Appel-lee insurance companies brought this diversity action claiming arson and seeking a declaration that they were not liable for the loss. The jury made a special finding of arson. Appellant cites as error the district court’s ruling on an evidentiary point, on a proposed jury instruction, and on appellant’s motion for a mistrial. We affirm.

The evidentiary ruling was made at the close of plaintiffs’ case. Appellant moved to strike the opinion testimony of a state fire marshal, Ricker, that the fire was of human origin because part of Ricker’s opinion had…