Western Assurance Co. v. McPike

Citations

• 62 Miss. 740

Syllabus

<p>Fire Insurance. Stipulation as to occupancy of house and increase of risk. Action for loss. Instinction. Case in judgment.</p> <p>A house belonging to D. was insured as a family residence occupied by a tenant. The policy contained the stipulation that if the house should be used or occupied so as to increase the risk, or if it should become unoccupied and so remain for thirty days, without the assent of the insurer indorsed on the policy, it should thereby become void. The house was virtually abandoned by the assured and his tenant for more than thirty days during the period of the insurance, and -was converted into a retail' liquor saloon by some one without authority, paying no rent and having no family. While being thus used and occupied the house was destroyed by fire, and the assured brought an action upon his policy to recover the amount of money which the insurer had agreed to pay in case of loss as therein provided for. Held, that the policy was rendered void by the assured permitting the house to be unoccupied by a family for more than thirty days during the period of insurance without the assent of the assured, and permitting it to be used and occupied so as to increase the risk, and upon the facts stated the court should have instructed the jury to find for the defendant,</p>