Page v. Nationwide Mutual Fire Insurance

In this action on a fire insurance policy, the insurance company asserted the affirmative defense that at the time of the fire the covered premises “ had been unoccupied beyond a period of sixty consecutive days at the time of the alleged loss set forth in the complaint ”. The policy provided, as one of the “ conditions suspending insurance ”, that the company should not be liable “ for loss occurring ” while the building ‘ ‘ is vacant or unoccupied beyond a period of sixty consecutive days”. The burden is upon the insurer to establish this affirmative defense. (21 Appleman, Insurance Law and…