Kinneer v. Southwestern Mutual Fire Ass'n

Opinion by

Mr. Justice Maxey,

This was an action in assumpsit to recover on a policy of fire insurance. On May 1,1929, appellee issued a policy of insurance to appellant under the terms of which it insured his dwelling house against fire. This policy contained a provision reading as follows: “Insured buildings becoming vacant and remaining vacant or unoccupied for over ten days, without the consent of the company duly obtained, renders the policy void.”

During the month of June, 1930, the premises became vacant or unoccupied. Appellant secured from the company three sixty-day permits in…