Stupetski v. Transatlantic Fire Insurance
Michigan Supreme Court
Error to Superior Court of Detroit. Assumpsit on insurance policy. Plaintiff brings error. Temporary absence from a house is not such abandonment as will avoid a fire insurance policy, O’Brien v. Commercial Ins. Go. 38 N Y. Supr. Ct. 517; Dennison v. Phoenix Ins. Co. 52 Iowa 457; Phoenix Ins. Co. v. Tucker 92 III. 64. cited as to the effect on a fire insurance policy of vacating the premises, Wustum v. City Fire Ins. Co. 15 Wis. 138; Harrison v. City Fire Ins.
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Error to Superior Court of Detroit. Assumpsit on insurance policy. Plaintiff brings error. Temporary absence from a house is not such abandonment as will avoid a fire insurance policy, O’Brien v. Commercial Ins. Go. 38 N Y. Supr. Ct. 517; Dennison v. Phoenix Ins. Co. 52 Iowa 457; Phoenix Ins. Co. v. Tucker 92 III. 64. cited as to the effect on a fire insurance policy of vacating the premises, Wustum v. City Fire Ins. Co. 15 Wis. 138; Harrison v. City Fire Ins. Co. 9 Allen 232; Amer. Ins. Co. v. Padfield 4 Ins. D. J. 893; Keith v. Quincy F. Ins. Co. 10 Allen 228; Thayer v. Ag. Ins. Co. 5 Hun…
1Opinion of the CourtCampbell, J.
Plaintiff sued defendant on a policy of insurance, for the destruction of his dwelling and contents by fire. The policy was by one of its conditions made void if the house should “become vacant or unoccupied” without assent of the company.
The fire which destroyed the property was on September 4, 1879. Plaintiff used the premises as his own dwelling. About ten days before the fire he received a telegraphic dispatch from South Bend, Indiana, announcing that his daughter, who lived there, was dangerously ill, and at the point of death. He with his wife and another daughter at once went there,…
2Cases cited1 opinion
- Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
3Cited by20 opinions
- People v. LosingerMichigan Supreme Court · 1951
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
- Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
- Shackelton v. Sun Fire OfficeMichigan Supreme Court · 1884
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