Insurance Co. of North America v. Pitts
Mississippi Supreme Court
Prom tbe circuit court of, second district, Tallahatchie county. Hon. Samuel O. Cook, J"udge. Pitts, tbe appellee, was plaintiff in tbe court below; tbe insurance company, tbe appellant, was defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court.
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Prom tbe circuit court of, second district, Tallahatchie county. Hon. Samuel O. Cook, J"udge. Pitts, tbe appellee, was plaintiff in tbe court below; tbe insurance company, tbe appellant, was defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court. If the property was unoccupied and vacant during the life of the policy, for more than ten days, the policy was thereby made void, although it may have been reoceupied by the tenant after the vacancy and the occupation continued even to the time of the fire.…
1Opinion of the Court
Caliioon, I.,
delivered the opinion of the court.
The insurance company sought to defeat recovery of a fire loss because of two clauses in the policy, declaring that it should be void: (1)’ “If the interest of the insured be other than unconditional and sole ownership;” (2) if the building “be or become' vacant or unoccupied, and so remain for ten days.”
As to the first, the facts are that at the date of the policy Pitts was in possession under a conveyance of title in fee simple. But the conveyance recites a cash payment of $200 and four deferred annual payments of $200 each. It does not…
2Cases cited6 opinions
- Milwaukee Mechanics' Ins. v. B. S. Rhea & SonCourt of Appeals for the Sixth Circuit · 1903
- Born v. Home InsuranceSupreme Court of Iowa · 1900
- Rosenstock v. Mississippi Home InsuranceMississippi Supreme Court · 1903
- Union Assurance Society of London v. NallsSupreme Court of Virginia · 1903
- Home Insurance v. ScalesMississippi Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Cottingham v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
- Petello v. Teutonia Fire InsuranceSupreme Court of Connecticut · 1915
- Dolliver v. Granite State Fire InsuranceSupreme Judicial Court of Maine · 1913
- Silver v. London Assurance Corp.Washington Supreme Court · 1911
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