U. S. Industries, Inc., Wyatt Industries, Inc., and Steel Tank Construction Co. v. Aetna Casualty & Surety Company

TATE, Circuit Judge:

In this Louisiana diversity case, the plaintiffs (“Wyatt”) 1 appeal from a directed verdict in favor of the defendant insurers (“Aetna”), 2 who had issued a builder’s “all risks” policy. At the close of Wyatt’s case presented before the jury, the district court granted Aetna’s motion for directed verdict, upholding Aetna’s contention that Wyatt’s own evidence unequivocally showed that the damages sought by Wyatt were excluded from coverage under a “faulty workmanship” clause.

Wyatt appeals, contending that the district court erred (a) in finding that the exclusion clause…