German Insurance v. Russell

Citations

• 65 Kan. 373
• 69 P. 345
• 58 L.R.A. 234
• 1902 Kan. LEXIS 62

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fire Insurance — Condition Respecting Occupancy — Forfeiture of Policy. Where a policy of insurance contains a condition that if the buildings insured “ be or become vacant or unoccupied, . . . without consent indorsed hereon, . . . then, in each and every one of the above cases, this entire policy shall be null and void,” and it is shown that the buildings were permitted to become vacant and unoccupied without the knowledge or consent of the company, and so remained for a period of twelve days, but were reoccupied before any loss was sustained, held, that when the property became vacant and unoccupied without the * consent of the insurance company the policy became immediately ‘ forfeited; and further, held, that reoccupancy before the loss occurred did not revive the forfeited policy.</p>