Allied Steel Construction Co. v. Employers Casualty Company

SETH, Circuit Judge.

This is an appeal from an order of the trial court granting the defendant’s motion for summary judgment. Jurisdiction is based on diversity of citizenship.

Defendant, Employers Casualty Company, issued to plaintiff-appellant, Allied Steel Construction Company, a general liability policy. The policy excluded liability for damage to “ * * * property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; * * The insurance policy also provided:

“This insurance does not apply:

“(j) to property damage to work…