North American Fire Insurance v. Zaenger

Citations

• 63 Ill. 464

Syllabus

<p>1. Insurance, eibe—condition of warranty construed. A policy of insurance, against loss by fire upon a building, contained a condition that if, during the continuance of the policy, the premises should be occupied or used so as to increase the risk, or should become vacant and unoccupied, or the risk increased by any other means within the control of the assured, etc., the policy should become void: Held, that the condition was in the nature of a warranty by the assured that the house should not become vacant, if within his control or power to prevent it.</p> <p>3. Same. In such a case, the house, which had been previously occupied by a tenant, became vacant some three weeks before the loss: Held, that, before the assured was entitled to recover, he should have shown that the vacation was beyond his control. The terms of the lease may have expired, or the tenant left by his consent. If the tenant left without his consent, he should have made some effort to procure another tenant, or otherwise to have the house occupied.</p> <p>3. Evidence—where admitted generally, to he considered for all purposes. In a suit to recover for a loss under a policy of insurance, the plaintiff introduced in evidence generally his own affidavit of the loss made to the company, which showed that the house had become vacant some three weeks before the loss. There was no attempt made to limit the effect of this evidence to the fact that the preliminary proofs had been made: Held, that the effect of such evidence could not be limited, but was to be considered in all its parts, and effect given to all that it proved or tended to prove, even though it defeated plaintiff’s right to recover.</p>