Caledonia Insurance v. Smith

Citations

• 65 Fla. 429

Syllabus

<p>A fire insurance policy was issued on three dwelling houses situated in a row and near together. It was proved in the policy that “this entire policy, unless otherwise provided by agreement endorsed hereon or added hereto shall be void .............. if a building herein described, whether intended for occupancy by owner of tenant, be or become vacant or unoccupied and so remain for ten days.” The policy contains two endorsements for vacancy permits.-^One from July 31st, 1912, for thirty days from date, and the other is a vacancy permit for thirty days from 31st August, 1912. The middle house was unoccupied and burned on the 6th day of October, 1912, destroying all of the three buildings: Held; that a vacancy of more than ten days previous to the first endorsement of a vacancy permit of thirty days, can not either by itself, or in connection with the six days vacancy in October, 1912, avoid the policy, as the insurance company by endorsing the vacancy permits on the policy, waived the previous vacancy and continued the policy with the same binding force it originally possessed.</p>