Silver v. London Assurance Corp.

Citations

• 61 Wash. 593
• 112 P. 666
• 1911 Wash. LEXIS 1127

Syllabus

<p>Insurance — Fire Insurance — Vacancy of Building — Evidence of Occupation — Sufficiency. The evidence sufficiently shows that a saloon was not vacant and unoccupied at the time of a fire, Saturday night, where a witness testified that he had rented it on the Monday before, had cleaned and arranged it on Friday and Saturday, had bar fixtures and part of his stock in the building, and had opened for business and made some sales on Saturday.</p> <p>Same. The evidence warrants a finding that a saloon was not vacant and unoccupied for ten days prior to a fire on June 28th, where the sheriff had possession under legal process and put a watchman in possession who watched the building for ten or fifteen days, beginning as late as June 6th or 7th.</p> <p>Same — Policy—“Occupied as Saloon” — Construction. A policy of fire insurance on a building “occupied as saloon,” with a forfeiture clause if vacant for more than ten days, does not require that the building be occupied as a saloon, the words being descriptive only; and it is not vacant if in the possession of a watchman of the sheriff under legal process.</p> <p>Same — Change of Interest — Pleading—Waiver of Objection. In an action on a fire insurance policy, a stipulation forfeiting the policy in case of change of ownership or interest cannot be urged unless it is pleaded.</p> <p>Same — Change of Interest — Increase of Hazard — Burden of Proof. Under the clause that a fire insurance policy shall be void in case of change of interest or possession, except change of occupancy without increase of hazard, the burden is upon the company to prove that possession of an officer under legal process increased the hazard, as it wili not be presumed.</p> <p>Same — Policy—Breach of Condition — Vacancy—Reoccupancy. An insurance policy providing that the same shall be void if the building be or become vacant or unoccupied and so remain for ten days, is not terminated, but only suspended during such vacancy, and has no application to a