Wheeler v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. Or. D. ' Burgess, Judge. The conditions of an insurance ' policy against vacancy or non-occupancy are to be construed with reference to the property insured, and the non-occupancy occasioned by the ordinary change of tenants, being a mere incident to tenement property, will not vitiate the policy. Whitney v. Ins.
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Appeal from the Linn Circuit Court. — Hon. Or. D. ' Burgess, Judge. The conditions of an insurance ' policy against vacancy or non-occupancy are to be construed with reference to the property insured, and the non-occupancy occasioned by the ordinary change of tenants, being a mere incident to tenement property, will not vitiate the policy. Whitney v. Ins. Co., 72 N. Y. 117; Wood on Eire Insurance [2 Ed.] sec. 91, p. and following; Wood on Eire Insurance [2 Ed.] sec. 47, p. 115; Wood on Fire Insurance [2 Ed.] sec. 252, p. 590; Schultz v. Ins. Co., 57 Mo. 337; La Force v. Ins. Co., 43 Mo. App.…
1Opinion of the CourtEllison, J.
— This' action is on a fire-insurance policy containing a provision that no agent of the defendant company could waive any of the provisions of the policy except by writing indorsed upon the policy, containing also a provision that, if the assured obtained any further insurance on the property without the written consent of the defendant indorsed upon the policy, it should be void, and containing also the further provision that, “If during the insurance the above-mentioned premises shall become vacant or unoccupied. then and from thenceforth, so long as the *448same shall continue vacant or…
2Cases cited11 opinions
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Dennison v. Phœnix InsuranceSupreme Court of Iowa · 1879
- American Insurance v. PadfieldIllinois Supreme Court · 1875
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3Cited by3 opinions
- Hoover v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Limbaugh v. Columbia Insurance Co. of New YorkMissouri Court of Appeals · 1963
- Norman v. Missouri Town Mutual Fire, Lightning, Tornado, Cyclone & Windstorm InsuranceMissouri Court of Appeals · 1898