Sutherland v. Eureka Fire & Marine Insurance

This is an action on a fire-insurance policy which contained the following provision:

“This entire policy * * * shall be void * * * if a building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied, and so remain for ten days.”

The house covered by the insurance was destroyed by fire on the 17th of April, 1895. It appears that in April, 1894, the house became vacant, and a vacancy per*669mit was issued, running to June 18th, and others were granted from time to time until the 8th of December, 1894, when a 30-day permit was granted, which was the…