Southern Home Insurance v. Murphy

Citations

• 57 Fla. 191

Syllabus

<p>1. In an action upon a policy insuring a certain building “while occupied for the following purposes: General Merchandise, Groceries and Soda Fount,” a plea setting up a different use of the building is demurrable unless it in some way denies that the building was occupied for the purposes specified in the policy at or about the time of the fire.</p> <p>2. In an action upon a policy insuring a building “while occupied” for certain purposes, pleas denying the use of the building for the purposes stated in the policy at the time of the fire and averring the use of the building for another purpose at and before the fire, should not be stricken on motion.</p>