Germania Farm Mutual Aid Ass'n v. Anderson

OPINION

WILSON, Justice.

Appellees’ suit on a fire insurance policy issued by appellant was tried on a stipulation, the effect of which is that the sole issue is whether there is no evidence to support the jury verdict that the insured building was not “vacant”.

The policy defined “vacant”, as material here, as: that there is no person “living on the immediate premises continuously, as such person’s main place of abode”.

Mr. and Mrs. Anderson, owners of the property, were divorced after the policy was issued. The house was damaged by fire about a week after the divorce. For the last five years of…