Perry State Bank v. Farmers Alliance Mutual Insurance

LAURA DENVIR STITH, Judge.

Appellant Perry State Bank appeals the trial court’s ruling that it was not entitled to recover under a fire insurance policy because it failed to notify the insurer, Farmers Alliance Mutual Insurance Company, of a change of occupancy of the insured house as required by the policy’s mortgage clause. Perry claims there was no “change” of occupancy although the house became unoccupied. Regardless of whether a change of occupancy occurred, we conclude that leaving the house vacant or unoccupied for more than 120 days constituted an increase of hazard as that term is…