Will Realty Corp. v. Transportation Insurance

A policy of the defendant, Transportation Insurance Company, insured generally against fire (and certain other casualties) a three-decker tenement in Worcester owned by the plaintiff, Will Realty Corporation. By the terms of the policy coverage was denied where fire occurred when the property was “vacant,” having been so for more than sixty consecutive days; however, this provision did not apply to “buildings in due course of construction.”1

In the present nonjury action on the policy, a judge of the Superior Court made findings of fact which are in essence uncontroverted. The last tenant *919in…