Frozine v. St. Paul Fire & Marine Insurance

The appellant’s first contention is that the hotel was vacant and unoccupied-for more than ten days prior to the fire, contrary to the provisions of the policy, as follows:

“Unless otherwise provided by agreement in writing added hereto this company shall not be liable for loss or damage . . . while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of ten days.”

There is no substantial dispute as to the facts. When the building was insured it was occupied by a tenant as a hotel and boarding house. The policy was for one year from…