Roberts v. Maine Bonding & Casualty Co.

NICHOLS, Justice.

The Plaintiffs, Clifton C. Roberts and M. Evelyn Roberts, appeal from a judgment entered September 22,1978, in favor of the Defendant, Maine Bonding and Casualty Company, after a jury-waived trial in Superior Court.

They assert that the presiding justice erred in concluding that the Plaintiffs were required to prove that the Defendant had actual knowledge that the insured property in Hollis would remain vacant beyond thirty days in order to avoid a vacancy exclusion clause in their homeowner’s insurance policy issued by the Defendant.

We sustain the appeal.

On August 16, 1977,…