Legal Opinion

Stensgaard v. National Fire Insurance

Supreme Court of Minnesota

Decided December 9, 1886PublishedCited by 5 opinions

Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried before Simons, J., and a jury, and a verdict directed for plaintiff.

1Opinion of the CourtBerry, J.

Action upon a fire policy. It is conceded by the insurance company that if, upon the evidence, the insured premises *182were not (in the words of a clause in the policy) “vacant or unoccupied, or not in use,” at the time of the fire, then the judgment in plaintiffs’ favor should be affirmed. The premises referred to are described in the policy as a “one-story frame shingle-roof building” in Aitkin. The proof is that when the policy was issued, and for some months thereafter, the building, which had been used as a saloon, was not inhabited by any person, or used in any business; but on Friday,…

2Cases cited2 opinions

  1. Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
  2. Litch v. North British & Mercantile InsuranceMassachusetts Supreme Judicial Court · 1884

3Cited by5 opinions

  1. Bretz v. Union Central Life Ins.Ohio Supreme Court · 1938
  2. Limbaugh v. Columbia Insurance Co. of New YorkMissouri Court of Appeals · 1963
  3. Silver v. London Assurance Corp.Washington Supreme Court · 1911
  4. Macy Corp. v. Ramey, Court of Common Pleas of Ohio, Franklin County, Civil Division1957
  5. Peizer v. BergeonOhio Court of Appeals · 1960

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