Heindselman v. Home Insurance Co.

JAMES D. CLEMENS, Special Judge.

Plaintiffs sued on a fire insurance policy, and had judgment in the trial court, without a jury, for the full $1,200 coverage. Defendant appeals, urging that plaintiffs’ loss *192fell’within the prohibition of the policy’s vacancy clause. Plaintiffs counter this, claiming defendant waived the vacancy when it issued the policy.

Until December 30, 1952 one Thomas Boudreau owned a small farm on which there was a partially completed building designed but never yet used as a dwelling. The building had a roof, exterior walls, and window and door casings, and Boudreau was…