Rockford Insurance Co. v. Storig
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District— heard in that court on appeal from the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. This was assumpsit, in the circuit court of Madison county, by appellee, against appellant company, on a fire insurance.policy issued by a'ppellant company to appellee on her frame house.
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Appeal from the Appellate Court for the Fourth District— heard in that court on appeal from the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. This was assumpsit, in the circuit court of Madison county, by appellee, against appellant company, on a fire insurance.policy issued by a'ppellant company to appellee on her frame house. The policy contained a clause that “if the premises insured become vacant or unoccupied without the consent of the secretary of the company, in writing, the policy shall be void.” The facts of the ease, as stated by the Appellate Court, and .…
1Opinion of the CourtChief Justice Shope
It is to be premised that what is meant by the term “vacant' and unoccupied,” in a policy of insurance, is a question of law; but whether the building was, at the time of the loss, “vacant and unoccupied, ” within the meaning of the policy, is a question of fact. Phoenix Ins. Co. v. Tucker, 92 Ill. 64; Western Ins. Co. v. Mason, 5 Bradw. 141; Waite v. Agricultural Co. 13 Hun, 371.
On behalf of plaintiff the circuit court instructed the jury, “that the burden was upon the defendant to. show that the premises, at the time of the fire, were vacant and unoccupied, and unless such fact is shown by…
2Cases cited4 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Phœnix Insurance v. TuckerIllinois Supreme Court · 1879
- Aurora Fire Insurance v. EddyIllinois Supreme Court · 1870
- Paddon v. People's InsuranceIllinois Supreme Court · 1883
3Cited by12 opinions
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Philbin v. CarrIndiana Court of Appeals · 1920
- Home Insurance Co. of New York v. MendenhallIllinois Supreme Court · 1897
- Shizas v. City of DetroitMichigan Supreme Court · 1952
- Transcontinental Ins. Co. of New York v. FrazierCourt of Appeals of Texas · 1933
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