Equity Oil Company, a Corporation v. National Fire Insurance Company of Hartford, a Corporation

MURRAH, Circuit Judge.

By its scheduled property floater policy, the appellee insured appellant’s oil well drilling rig against loss or damage caused by fire, excluding however “any loss or damage * * * caused by or incident to a blowout * * * or any fire damage resulting therefrom.” The insured brought this suit on the policy to recover for a fire loss to the insured rig. On pre-trial, the triable issues were defined as (1) whether there was a blowout; (2) if so whether the loss resulted therefrom; and (3) the amount thereof. It was agreed that the burden was on the insurer to establish that…