Tucker v. Royal Ins. Co.

This suit is to recover on a fire insurance policy. Upon conclusion of the evidence the court gave for defendant the general affirmative charge, and plaintiffs appeal.

Among other defenses interposed, the defendant company pleaded (plea 5) a forfeiture of the policy for a breach of the following provision therein contained: “The entire policy * * * shall be void * * * if any change, other than by the death of the insured, take place in the interest, title or possession of the subject of insurance (except change of occupancy without increase of hazard) whether by legal process or- judgment, or…