Mighty Oak, Inc. v. Hartford Accident & Indemnity Co.

COWART, Judge.

The claim of appellant, Mighty Oak, Inc., for loss by fire of a building insured by appellee Hartford Accident & Indemnity Company was denied on the ground that the policy was not applicable because the insured property had been vacant for over 60 days prior to the fire. Appellant sued on the policy alleging that one Lane was an agent of appellee and that Lane had actual knowledge of the vacancy which knowledge, imputed to appellee, constituted a waiver of the vacancy provisions of the policy. At trial appellant presented evidence from which the jury could have found that Lane…