McLeod & Henry Co. v. Employers' Fire Insurance

This is an action to recover on a fire insurance policy is.sued by defendant Employers’ Fire Insurance Company to plaintiff. The building covered by the policy was ravaged by fire on May 18, 1970. Concededly, the building was vacant and unoccupied from May 27, 1969 to the date of the fire. The present action was commenced after defendant refused to pay the amount allegedly due under the policy. Defendant moved for summary judgment and Special Term granted the motion. This appeal ensued.

There are no factual disputes. The basic policy contained the standard “ 60-day vacancy exclusion clause…