Beecher v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit upon a policy of fire insurance. Plea, the general issue with notice of special matter in defence; among other things, that the buildings burned were vacant at the time of the fire, and that the same had been allowed to remain vacant from time to time without giving notice to the defendant, as required by the policy. Trial by jury, October Term, 1915, Essex County, Slack, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Assumpsit upon a policy of fire insurance. Plea, the general issue with notice of special matter in defence; among other things, that the buildings burned were vacant at the time of the fire, and that the same had been allowed to remain vacant from time to time without giving notice to the defendant, as required by the policy. Trial by jury, October Term, 1915, Essex County, Slack, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The policy contained the following provision: — ‘ ‘ This policy shall be void in the following instances, unless consent is indorsed by…
1Opinion of the CourtPowers, J.
The policy carried by this plaintiff in the defendant company contained a provision that it should be void if the property covered should be unoccupied for a period of ten days without the consent of the company. A fire having occurred, this suit was brought upon the policy, and the company here defends on the ground of a violation of this provision. The policy ran for five years from its date, and on various occasions before the fire the buildings were unoccupied for the specified period, though they were occupied by the assured at the time of the fire. The ease as presented presupposes the…
2Cases cited8 opinions
- Born v. Home InsuranceSupreme Court of Iowa · 1900
- Sumter Tobacco Warehouse Co. v. Phoenix Assurance Co.Supreme Court of South Carolina · 1907
- Insurance Co. of North America v. GarlandIllinois Supreme Court · 1883
- Hoover v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Moore v. Phœnix Fire InsuranceSupreme Court of New Hampshire · 1886
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3Cited by2 opinions
- Allen v. Berkshire Mutual Fire InsuranceSupreme Court of Vermont · 1933
- Public Fire Insurance v. Crumpton Ex Rel. CrumptonSupreme Court of Florida · 1933