Schuermann v. Dwelling House Insurance
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Nathaniel C. Seabs, Judge, presiding. Declaration on policy of insurance. Pleas: (1) General issue. (2) That at the time of the loss of the property by fire, the building described in the policy of insurance was vacant and unoccupied, and that therefore the defendant is not liable. Trial by jury; verdict for defendant by direction of the court; error by the plaintiff.
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Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Nathaniel C. Seabs, Judge, presiding. Declaration on policy of insurance. Pleas: (1) General issue. (2) That at the time of the loss of the property by fire, the building described in the policy of insurance was vacant and unoccupied, and that therefore the defendant is not liable. Trial by jury; verdict for defendant by direction of the court; error by the plaintiff. Heard in this court at the October term, 1894, and affirmed. Statement ox the Case. This is a suit brought by plaintiff in error against defendant in error…
1Opinion of the Court
Mr. Presiding Justice Waterman
deliyeeed the opinion OF THE CoUET.
The principal contention of plaintiff in error is that the assured had no notice that the premises were vacant, and consequently the provision of the policy that the policy shall be void if the premises be or become vacant or unoccupied or not in use is not applicable to this case.
While it is true that insurance policies are to be liberally construed in favor of the assured, they are at the same time to be reasonably construed. Heuer v. Westchester Fire Ins. Co., 44 Ill. App. 429.
To construe this policy to be the same as if it…
2Cases cited10 opinions
- Phœnix Insurance v. TuckerIllinois Supreme Court · 1879
- Dennison v. Phœnix InsuranceSupreme Court of Iowa · 1879
- Insurance Co. of North America v. GarlandIllinois Supreme Court · 1883
- North American Fire Insurance v. ZaengerIllinois Supreme Court · 1872
- American Insurance v. PadfieldIllinois Supreme Court · 1875
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