Holland v. Interstate Fire Ins. Co.

This is an action by the appellants to recover $1,300 upon two fire insurance policies, by which the appellee insured a dwelling house and household goods. The insurer denied liability on the ground that, in violation of the terms of the policies, the house had been vacant for more than sixty days at the time of the fire. At the close of the proof the trial judge directed a verdict for the defendant.

Since it is conceded that the dwelling had been vacant for some six months when it burned, the trial court’s action was correct unless there was substantial evidence from which the jury might have…