45 Ind. App. 605 | Ind. Ct. App. | 1910
Action upon a policy of fire insurance issued by appellant corporation to appellee on certain real and personal property owned by him. The complaint alleges the execution of the policy, the payment of all assessments, the destruction of the property by fire, and the performance by appellee of all the terms and conditions of the policy. The appellant answered in two paragraphs, each admitting the allegations of the complaint, but averring that by article sixteen of the rules and regulations set forth in appellant’s constitution it is provided:
“This association will not insure in any incorporated cities, towns or villages, nor will this association insure any property, such as mills, blacksmith shops, tanneries, schoolhouses, churches or barns with stoves or furnaces, ai’ches for fires, etc. They will insure threshing machinery when not in use, as contents of building only.”
The first paragraph of answer avers that appellee, with knowledge of the rule before set forth, placed in his bank barn (one of the buildings insured), oil and gasoline stoves, filled the stoves with oil and gasoline, lighted them, and negligently and carelessly left them burning and unprotected ; that they were burning when said bank barn caught fire and was burned; “that it was on account of
Judgment affirmed.