Underwriters at Lloyds, London v. Cherokee Laboratories, Inc.

LEWIS, Circuit Judge.

This suit comes to us from the Northern District of Oklahoma after a trial in which the District Court directed a verdict in favor of plaintiff-appellee allowing recovery of the sum of $89,400 for physical loss occasioned to an airplane insured by defendant-appellant. Claim is made that the trial court erred in determining that plaintiff established a prima facie case of coverage and further erred in holding that defendant did not establish a factual issue determinative of the applicability of an exclusion clause contained in the policy. Both contentions require a…