The Am. Ins. Co. v. Foster
| Decision Date | 30 June 1879 |
| Citation | 34 Am.Rep. 134,1879 WL 8528,92 Ill. 334 |
| Parties | THE AMERICAN INSURANCE COMPANYv.OLIVER P. FOSTER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the City Court of the City of Alton; the Hon. HENRY S. BAKER, Judge, presiding.
Mr. J. M. BAILEY, for the appellant.
Mr. JOHN J. BRENHOLT, for the appellee.
It appears that on the 21st day of November, 1871, appellant issued a policy of insurance against loss or damage by fire and lightning, to the amount of $265, for a period of five years from its date--on appellee's school-house, for $225, and on school furniture therein, $40. The house was destroyed by fire on the 14th day of October, 1876, and this suit is brought to recover the insurance on the building.
The case was submitted to the court below and tried without a jury, by consent of the parties, upon an agreed state of facts. The court held the company liable, and rendered judgment against it for $225 and costs. To reverse that decision the company appeals, and brings the record to this court, and assigns the rendition of the judgment as error.
The defence urged by the company was, that appellee had violated an express condition of the policy by permitting the building to remain vacant and unoccupied for several months prior to the loss, and it was so vacant at the time of the loss.
The material facts agreed to be true, and upon which the correctness of the judgment depends, are, that the condition claimed to have been violated is this:
“If the above mentioned premises, or any portion thereof, shall become vacant and unoccupied without the assent of the secretary of the company indorsed hereon, then and in such case this policy shall be void, and the assured shall not be entitled to recover from the company any loss or damage which may accrue in or to the property hereby insured, or any part or portion thereof.”
The language of the stipulation relating to the occupancy of the premises is as follows:
It was further stipulated: “That the assent of the secretary of the company is not indorsed on the policy sued on, as required under the above condition of the policy.” These policies are contracts between the parties, and in them they may insert any and...
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