Trepanier v. Mercantile Ins. Co. of America

The policies are construed to exclude vacancy as an increase of risk within the application of the clause relative to an increase. The clause relating to vacancy is specific in respect to the period required for it to be effective as an avoidance of the policy. If the period has run, the insurance is suspended. No inquiry whether the risk has been thereby increased needs to be made. If the period has not run, the only reasonable view is that the insurance is not affected. In other words, the policy treats vacancy independently of risk. If the vacancy does not exceed the period, the policy…