Bellevue Roller Mill Co. v. London & Lancashire Fire Insurance

Citations

• 4 Idaho 307
• 39 P. 196
• 1895 Ida. LEXIS 9

Syllabus

<p>Insurance — Manufacturing Establishment — Operation Clause— Vacant and Unoccupied Clause — Foreclosure Proceeding Clause — Waiver.—A policy of fire insurance on tbe flouring-mill of the plaintiff, the Bellevue Roller Mill Company, dated September 9, 1893, for one year, provided as follows: “This policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the subject of insurance be a manufacturing establishment and cease to be operated for more than ten consecutive days.” It appeared that said mill was compelled to suspend operations during a portion of each year because of the water freezing in the millrace which conducted it to the mill, and that the agent of the insurance company, knowing this fact, had granted repeated renewals of the insurance on said mill for periods upward of one year, and that on the 9th of September, 1893, the policy sued on was issued as a renewal, for one year, of a former policy without written application and received the premium therefor. On December 9, 1893, the mill closed down and so remained until May 10, 1894, when the loss occurred. Held, that under the facts of this ease the insurance company had waived the provision of the policy above quoted. Said policy contains the following provision: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if a building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days.” Held, under the facts of this case that the mill building did not become “unoccupied” within the meaning of that word as used in said policy. Said policy contains the following provision: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if, with the knowledge of the insured, foreclosure proceedings be commenced or notice given of sale of any property covered by this policy by virtue of any mortgage