Phoenix Assurance Co. of London v. Shepherd

Mr. Judge Slatton

delivered the opinion of the Commission of Appeals Section B.

L. T. Shepherd et ux sued Phoenix Assurance Company, Ltd., of London to recover upon a fire insurance policy covering a-house situated at 1521 Fulton Street in the City of Houston.

The insurer defended upon an alleged breach of the following provision of the policy: “This entire policy shall be void if the building described be or become vacant and so remain for a period exceeding ten days or if a dwelling be or become vacant for a period exceeding ten days or unoccupied for a period exceeding thirty days.”

Issues…