Wenzel v. Commercial Insurance Co.

Citations

• 67 Cal. 438
• 7 P. 817
• 1885 Cal. LEXIS 663

Syllabus

<p>Fibe Insubance—Policy—Condition as to Watchman.—The property insured was a quartz mill. At the time of the issuing of the policy the mill was in operation, but afterwards became idle, and so continued until destroyed by fire. One of the conditions of the policy was that the insured should employ a watchman to guard the premises when idle. The only watchman employed was a person who worked during the day and slept at night too far from the mill to guard it against fire. The mill could not he seen from the place where he slept, nor did he know of the fire until after it occurred, and the mill was destroyed. Held, that the condition had not been complied with.</p> <p>Id.—Change of Possession.—A further condition of the policy was that if any change should take place in the possession of the property without the written consent of the insurer, the policy should be void. Held, that the condition was violated by leasing the property and surrendering possession to the lessee without such consent.</p>