Rabinovitz v. National Fire Insurance

These actions are brought to recover upon two fire insurance policies issued to the plaintiff. A fire occurred in the plaintiff’s grocery store on November 17, 1921. The policies each contained the following provision: “This policy shall be void ... if gunpowder or other articles subject to legal restriction shall be kept in quantities or manner different from those allowed or prescribed by law.”

The plaintiff testified that, at the time of the fire, he had in the store fireworks which were in a covered box on a shelf; that they were a part of the stock received by him when he purchased the…