Insurance Co. of North America v. Evans

Opinion op the Court by

Judge Willis

Affirming.

John H. Evans sued the Insurance Company of North America upon a fire insurance policy it had issued to him. The insurance company defended upon the ground that Evans had violated a condition of the policy to the effect that it should be void if the insured building became vacant, unoccupied, or uninhabited for a period of 10 days without the written consent of the insurance company. An amended petition was then filed seeking to reform the policy on the ground of mutual mistake so as to eliminate the condition relied upon by the defendant. The…