80 Mo. App. 589 | Mo. Ct. App. | 1899
This suit is for damages for household furniture covered by defendant’s policy, which was destroyed by fire. The only defense made in-the answer is that the premises became vacant or unoccupied for ten days contrary to the provisions of the policy. The reply set up a waiver by the issuance of the policy with knowledge that the house was to be repaired before it could be occupied by the assured. Plaintiff had judgment, and defendant appealed, and complains of the refusal of the court to direct a verdict for defendant, and of the instructions given by it at plaintiff’s request.
The policy was issued June 26, 1894, and while containing the provisions set up in the answer, it also expressly authorized the making of additions, alterations and repairs to the dwelling containing the insured property. The evidence shows that the house was undergoing repairs and alterations consequent to a change of its location from June 11, 1894, to August 28, 1894, when it was destroyed by fire; that the furniture and effects covered by the policy were in the house during the whole"of this period; that the assured and his wife slept at her father’s house, one hundred yards distant, during the process of repairing their own dwelling, but that the wife visited the latter constantly and was in the habit of taking her lunch and doing her sewing in the house, as well as entertaining her friends therein, and that she personally superintended the moving of the furniture from one room to another, which was necessitated by the progress of the repair work.