American Fire & Casualty Co. v. Eastham

HOLMES, Circuit Judge.

This action was brought by appellee upon a fire insurance policy for $7000, and judgment obtained by him for that amount. The policy insured him against loss by fire on a frame building in Dallas, Texas, which was totally destroyed by fire on July 12, 1948. The policy contained a provision that it should be void if the house became vacant for more than thirty consecutive days. Appellant denied liability on the ground that appellee had violated this provision; the insured claimed that the insurer had waived the forfeiture clause by its retention of the. premium and its…