Pritchett v. Herman Farmers Mutual Insurance

The defendant claims the complaint should have been dismissed because it appears without dispute: (1) That the building was vacant and unoccupied for more than ten days. (2) That there was a cessation of business in the building for more than thirty days. (3) That the insured in his proofs of loss swore falsely as to occupancy of the building.(1) Had the building been a dwelling house, store, shop, or the like, contemplated by the policy to be occupied as such, the contention of the appellant would be correct but for the permit for the thirty days’ “cessation of operations.” This permit,…