George v. Mohawk Fire Insurance

The suit is on two insurance policies, each of which contains a provision that the policy is void “ While * * * there is kept, used or allowed on the described premises * * * gasoline,” etc. The house was occupied by tenants who were relatives of the owner, and there is convincing proof that the fire was of incendiary origin and that gasoline was the agency used in setting the fire. Our Court of Appeals has held (Miller v. American Eagle Fire Ins. Co., 253 N. Y. 64) that a policy containing the same provision as that quoted above was made void by the use, *158by a tenant, of gasoline for cooking…