School Dist. No. 116 v. German Ins.

Citations

• 7 S.D. 458
• 64 N.W. 527
• 1895 S.D. LEXIS 99

Syllabus

<p>In an action by a school district against an insurance company to recover for the loss of a school house; under a contract of fire insurance containing a representation that the building is used, for school and church purposes, and a provision that, if such building be used for any other purpose without the consent of the insurer, or if the íúsk be increased in any manner, except by the erection and use of ordinary outbuildings, without consent of the company indorsed upon the policy, the same shall be null and void, a motion to directa verdict for the defendant should be sustained when it is conclusively shown by the undisputed evidence that, without defendant’s knowledge or consent, the officers of the district, empowered and authorized to prevent a forfeiture of the policy, have knowingly and habitually permitted the insured building to be used for other tha.n school and church purposes, whereby the risk was greatly increased, and as a direct and immediate result of which the loss of the structure occurred.</p> <p>(Syllabus by the Court.</p>