Kolivera v. Hartford Fire Ins. Co., 13270
| Decision Date | 31 October 1972 |
| Docket Number | P,No. 55121,No. 13270,13270,55121 |
| Citation | 290 N.E.2d 356,8 Ill.App.3d 356 |
| Parties | George J. KOLIVERA and the Pioneer Trust and Savings Bank of Chicago, as trustee under Trustlaintiffs-Appellants, v. HARTFORD FIRE INSURANCE COMPANY et al., Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Page 356
Chicago, as trustee under Trust No. 13270,
Plaintiffs-Appellants,
v.
HARTFORD FIRE INSURANCE COMPANY et al., Defendants-Appellees.
[8 Ill.App.3d 357]
Page 357
Anagnost & Anagnost, Chicago, for plaintiffs-appellants; Catherine Cook Anagost, Gerald M. Chapman, Edmond Mosley, Chicago, of counsel.Clausen, Hirsh, Miller & Gorman, Chicago, fordefendants-appellees; Frank L. Schneider, James T. Ferrini, Chicago, of counsel.
SCHWARTZ, Justice.
This action was brought to recover on insurance policies for loss resulting from a fire occurring on October 22, 1963, and another on October 29, 1963. At the close of all the evidence the trial court directed a verdict for the defendants on the ground that plaintiffs had not established that the premises were occupied during a 60-day period prior to the fires, as required by the provisions of the policies. The facts follow.
George Kolivera owned a two-story light manufacturing building at 4248--50 West Roosevelt Road, in Chicago, with 6250 square feet of open space on each floor. Prior to March 20, 1963, the entire building was rented, with the exception of two small areas on the first floor which plaintiff Kolivera reserved for his own office, and an adjacent space which, according to his testimony, was used for a paint sundries enterprise. After March 20, 1963, the tenants had all vacated and the building was unoccupied except for the space used by Kolivera and a small area which a restaurant owner rented for storage of equipment. The building was [8 Ill.App.3d 358] practically destroyed by two fires--one on October 22 and one on October 29, 1963.
Kolivera carried nine fire insurance policies on the building. Hartford Fire Insurance Company, Citizens Insurance Company, and Centennial Insurance Company issued new policies within 60 days of the October 22 fire. Home Insurance Company and American Surety Company renewed existing policies within that period. The remaining defendants carried coverage which had been issued prior to the 60 days preceding the first fire. The coverage was for light mercantile purposes, and each policy contained the following provision suspending insurance coverage:
(a) while the hazard is increased by any means within the control or knowledge of the insured; or
(b) while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty consecutive days, . . .
Kolivera's main occupation was the management of buildings. He also handled the purchasing, assemblage and sale...
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