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· 7/11/1902

German Ins. v. Hearne

Citations

  • 117 F. 289
  • 1902 U.S. App. LEXIS 4438

Syllabus

<p>1. Insurance—Construction of Conditions in Policy—Working of Mechanics.</p> <p>A clause of a fire insurance policy providing that it shall be void “if mechanics be employed in building, altering, or repairing the within described premises for more than 15 days at any one time,” unless otherwise provided by agreement, is reasonable and valid, and must be given effect as limiting by agreement the alterations or repairs which may be made without special agreement with the insurer, and without avoiding the policy, to such as can be completed within 15 days, even though the work done is reasonably necessary for the ordinary repair and preservation of the property.</p> <p>2. Same—Repairing—Avoidance of Policy,</p> <p>Under such a clause, work done on an insured building in rubbing and polishing the woodwork, regilding light fixtures, reburnishing, plumbing, and repairing defects in the plastering and spouting, is “repairing,” and its continuance for 24 days without notice to the insured, prior to the destruction of the building by fire, during which time 351 days work had been done, rendered the policy void.</p>

Judges: McPherson

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