Jervis v. Burlington Mutual Fire Ins.

This is an action upon a fire insurance policy, resulting in a verdict and judgment for the plaintiff. The only exceptions briefed are to the overruling of defendant’s motions for a directed verdict and to set aside the verdict. The defenses were that the policy was avoided by fraud and misrepresentation in the proof of loss, and by the use of the building as a resort in which the public was served instead of as a private dwelling, and that the suit was premature.

The evidence viewed most favorably to the plaintiff reasonably tended to show the following facts: In September, 1940, the…