Harris Trust & Savings Bank v. Illinois Fair Plan Ass'n

The issue in this case is whether the insured can recover for a fire loss to his hotel suffered long after he abandoned it on the theory that (1) the insurer by cancelling the policy, said cancellation to be effective in 30 days, is barred from relying on the vacancy clause in the policy or that (2) the insurer, in refunding the unearned premium from the date the cancellation was effective, admitted that the policy was in force before that date and therefore cannot deny coverage. We agree with the trial court that the insured’s claims are without merit and affirm the trial court’s granting of…