36 Minn. 181 | Minn. | 1886
Action upon a fire policy. It is conceded by the insurance company that if, upon the evidence, the insured premises
In our judgment, these facts make out a clear case of occupancy and use of the building at the time of the fire. The policy describes it generally as a “building,” without designating its particular character or the use to which it was adapted or expected to be put. But granting, in defendant’s favor, and as is no doubt the fact, that it was adapted to be a saloon, and expected to be used as such, and insured accordingly, plaintiffs’ actual physical possession of it, with actual reference to using it as a saloon, and the getting of it in order and making it ready generally for that use, must, in any reasonable sense of the words, be taken to be not only an occupancy and use of the building, but an occupancy and use of it for the purposes of a saloon. If it was so occupied and used, it was, of course, not vacant within the meaning of the policy. The main object of a clause of the kind under consideration in an insurance policy is that the building insured shall be under the care and supervision of some one actually occupying and using.it. Ashworth v. Builders’ Ins. Co., 112 Mass. 422; Litch v.
Judgment affirmed.