Mississippi Home Insurance v. Stevens

Citations

• 93 Miss. 439
• 46 So. 245

Syllabus

<p>1. Insurance. Fire policy. Vacancy clause. Estoppel.</p> <p>A fire insurance company is estopped to deny liability because of tbe vacancy of the house when destroyed by fire, where an old courthouse was by tbe owner permitted to be used as a schoolhouse and was insured by him as such, the company, at the time of the issuance of the policy, knowing that the house was not occupied at night or during school vacations, and advising that the vacancy clause of the policy had no reference to courthouses or sehoolhouses.</p> <p>2. Same. Unauthorized uses.</p> <p>It is no defense to a suit on a fire insurance policy insuring a schoolhouse, that prior to the fire one of the trustees of the school stored some bales of hay therein or that raftsmen occasionally occupied the house at night, no relation being shown between, either circumstance and the fire. ’ ....</p>