Phoenix Assur. Co. v. Shepherd

SLATTON, Commissioner.

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 were submitted to a jury and determined in favor of…