Lane v. Travelers Indemnity Co.

FANNING, Justice.

H. E. Lane sued The Travelers Indemnity Company to recover for a fire loss, defendant insurance company having previously issued a fire insurance policy to plaintiff Lane. Defendant, among other defenses, alleged that the policy contained a contractual warranty that the premises were to be used as a tenant dwelling, when in fact they were used for other purposes.

A jury answered the special issues submitted to it. The trial court rendered judgment in favor of defendant. Plaintiff has appealed.

The policy in question in the section entitled “Description of Property”, and above…