Robinson v. Mennonite Mutual Fire Insurance

Citations

• 91 Kan. 850
• 139 P. 420
• 1914 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire Insurance — “Vacancy” Clause in. Policy — Interpretation. The condition of a fire insurance policy that if the insured building become and remain vacant for a period of thirty days the policy shall be void unless notice be given and a vacancy permit be issued should be interpreted with reference to its manifest purpose. It contemplates the protection of a guardian of the premises, some individual in charge of them who exercises a preserving superintendency over them and gives them such care and attention as will naturally result in. protection against the hazard covered by the policy.</p> <p>2. Same. Within the rule stated a dwelling house may not be vacant although not actually occupied as a present place of abode, and such a dwelling house may be vacant although it may he far from being empty of everything but air.</p> <p>3. Same. The evidence considered, and held that a farm dwelling house and barn were not vacant although no one slept in the house at night and meals were eaten there only occasionally.</p>