American Alliance Insurance Co. v. Pyle

(After stating the foregoing facts.)

The defendant, by amendment to its answer, alleged that the premises had been insured as a.dwelling, and that after the issuance of the policy there had been a change in the use and occupancy thereof, in that the insured had permitted illegal sale of liquor on the premises, thereby increasing the risk. There is no express provision in either of the policies (in so far as it concerns this court in passing upon the demurrer to. the defendant’s amended answer) prohibiting a change in the use or occupancy of the property insured, or providing that the policies…