Fountain v. Connecticut Fire Ins. Co.

This is an action to recover upon a policy of insurance issued by the defendant, covering goods of the plaintiff contained in a two-story brick building situated in the city of Santa Rosa, known as the Shea Building. It had twe store rooms on the ground floor, one of which was occupied by Fountain. The second floor was divided into rooms used and occupied for offices and one room which was occupied by the society of “Eagles” as a lodge room. The defendant appeals from an order denying its motion for a new trial, after a verdict for the plaintiff.

The policy contained the following clause:—■

“If…