Pauli v. St. Paul Mercury Indemnity Co.

Judgment affirmed, with costs. Memorandum: In this policy of casualty insurance which was so worded that the form might be used to include coverages of risks from fire, theft, tornado and so forth, which, however, were not underwritten, a representation as to the motor car in question being subject to no lien, mortgage or other incumbrance, was immaterial to the casualty risks assumed. The insured’s use of the car in guiding fire apparatus to a fire while the insured was a volunteer fireman was, under the evidence in this case, a use coming within the terms “pleasure and business” which were…