Franklin Fire Insurance v. Kepler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Forest county: Of October and November Term 1880, No. 56. Assumpsit by Jacob M. Kepler against The Franklin Fire Insurance Company, on a policy of fire insurance, to recover for a loss.
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Error to the Court of Common Pleas of Forest county: Of October and November Term 1880, No. 56. Assumpsit by Jacob M. Kepler against The Franklin Fire Insurance Company, on a policy of fire insurance, to recover for a loss. The 15th section of the policy provided: “ This policy will not cover unoccupied buildings (unless insured as such), and if the premises insured shall be vacated without the consent of the company endorsed hereon, * * * this policy shall cease and determine.” The property insured was destroyed by fire. The evidence showed that this fire occurred on Sunday morning, October…
1Opinion of the Court
The judgment of the Supreme Court was entered
Per, Curiam.
The temporary absence of the insured from the premises, leaving them for the time unoccupied, was not a breach of the conditions of the policy. The premises were not vacated by such absence. The case, we think, was very properly submitted to the jury in the charge of the learned judge.
Judgment affirmed.
2Cited by1 opinion
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