The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 31
The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 31
Ontario. High Court of Justice
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H. F. L. BOABDMAN V. NORTH WATERLOO INSURANCE COMPANY. Firt Inniranee — SUUtUory CondUhn S — "Change Material to Biak" — Non-oceupancy. The fact that a dwelling house is onoocnpied is not per aetk " change material to the risk, within statutory condition 3 in a fire policy on household furniture therein. Spahb V. North Waterloo Insurance Compant. Fire Insurance — Stalvtory Canditiona — Variation of CoruUtum Reqwring Occupation of Premma—** Untenanted." A variation of statutory condition 3 in a ...policy of fire insurance providing that ** if the premises insured become untenanted or vacant and so remain for more than ten days without notifying the company," etc.» " the policy will be void," is a reasonable condition, and the word ''untenanted" therein must be read as synonymous with "unoc- cupied." Where, therefore, the occupant of a house ceased ta reside in it for several weeks, but left furniture and clothing therein, while a person went there for domestic purposes, and on two occasions the insureid's husband slept in the house, it was held that the house was untenanted and vacant within the meaning of the condition.
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