McCaleb v. AMERICAN INSURANCE CO. OF NEWARK, NJ

The fire insurance policy upon which McCaleb and Phelan sought to recover for the burning of their residence contained the following:

“28 Conditions suspending or restricting insurance.

“Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring

“33(b) while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty consecutive days ’ ’,

unless upon notice, the insurer waives this condition.

The building involved, a residence, at the time it was burned, had been continuously vacant for…