Servais v. Shelby Farmers Mutual Fire Insurance

The Farmers Mutual insurance policy here in question contained the following:

“Section 15. This company will not insure unoccupied dwelling houses and will - not be liable for nor pay any loss on any dwelling house which has been vacant for fifteen days previous to the occurrance [sic] of such loss, unless consent thereto be indorsed on the policy by the president and secretary.”

Of such condition the plaintiff was bound to know. Stillman v. North River Ins. Co. 192 Wis. 204, 207, 212 N. W. 67. Plaintiff, however, contends that the knowledge of the agent at the time the policy was written of…