National Security Fire & Casualty Co. v. Shaver

Donald L. Corbin, Judge.

Appellee, Billy R. Shaver, brought suit against appellant, National Security Fire and Casualty Company, to recover the policy limits for loss of his mobile home to fire. Appellant, in correspondence to appellee, denied liability because the mobile home was Unoccupied sixty days prior to the fire. Appellant’s policy of insurance issued to appellee contained an exclusion to coverage if the dwelling was unoccupied for a sixty-day period. We reverse and remand.

Appellee filed his complaint on October 18, 1983, and on the date set for trial before a jury on May 31, 1984,…