Dunning v. Continental Insurance Co.

Opinion op the Court by

Creal, Commissioner

Reversing.

This is the second appeal of this case, and the former opinion will be found in 249 Ky. 234, 60 S. W. (2d) 577, 579. A complete statement of the case will be found in that opinion. There is a provision in the fire insurance policy in controversy rendering it void and unenforceable if the insured property was unoccu pied or uninhabited for ten consecutive days before the loss by fire.

In reversing the judgment in favor of the insured on the former appeal, it was held that the evidence showed that the property was, at the- time of the fire and…