Fireman's Fund Ins. Co. v. Lyon
Court of Appeals of Texas
Error to Hunt County Court; Geo. B. Hall, Judge. Action by E. W. Lyon against the Fireman’s Fund Insurance Company. There was a judgment for plaintiff, and defendant brings error. This suit is by defendant in error to recover, on a fire insurance policy issued by the plaintiff in error upon a dwelling.
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Error to Hunt County Court; Geo. B. Hall, Judge. Action by E. W. Lyon against the Fireman’s Fund Insurance Company. There was a judgment for plaintiff, and defendant brings error. This suit is by defendant in error to recover, on a fire insurance policy issued by the plaintiff in error upon a dwelling. The dwelling was destroyed by fire on September 13, 1911. The insurance company pleaded as a defense the breach of the following stipulation in the policy: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if a building herein described…
1Opinion of the CourtLevi, J.
(after stating the facts as above). [1, 2] The policy of insurance upon which this suit was based contained the provision that:
“This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if a building herein described shall be or become vacant or unoccupied and so remain for ten days.”
And the record admits the fact that the dwelling covered by the policy remained vacant and unoccupied from the time it was ready for occupancy on August 31, 1911, to and including September 13, 1911, the day it was destroyed by fire. As it could not very well be…
2Cases cited6 opinions
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
- Commercial Union Assurance Co. v. DunbarCourt of Appeals of Texas · 1894
- England v. Westchester Fire InsuranceWisconsin Supreme Court · 1892
- Queen Insurance Co. v. ChadwickCourt of Appeals of Texas · 1896
- Ranspach v. Teutonia Fire InsuranceMichigan Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.