Jelin v. Home Ins.

CLARK, District Judge.

The present motion is to set aside a verdict for a fire loss on insured premises. By concession its decision depends upon the construction of clauses in the policy and its modifying rider. The policy clause is the usual “vacant and unoccupied” provision. It reads: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if a building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days.”

The rider, contained in an indorsement transferring…