Fire & Casualty Insurance v. Fields

The defendant insists that it was not liable on the contract because the plaintiffs violated one of the terms of the policy. The policy provided: “Conditions suspending or restricting insurance. Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring (A) . . . (B) while described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty consecutive days.” The agreed statement of facts shows that the property was vacant for more than 60 consecutive days. Therefore, the only question to bq…