Schmidt v. Williamsburgh City Fire Insurance

Action to recover upon an insurance policy for the total destruction of a house in South Omaha on April 17, 1910. The defense relied upon is that the premises were vacant or unoccupied at the time of the fire, and had been so for more than ten days, and a provision in the contract that the policy “shall lie void if the building herein described, whether intended for occupancy by owner or tenant, be. *45or become vacant or unoccupied and so remain for ten days.”

The reply pleads that the property was partially destroyed by fire within 30 days before April 17, 1910, avers that this rendered the…