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Copp v. Home Ins.

70 N.Y. St. Rep. 882 Court N.Y. Sup. Ct. Decision date 1895-10-18 English

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p. 882
William A. Copp, App’It, v. Home Ins. Co., Resp’t.
Sup. Ct., 1 D.
October 18, 1895.
Thomas J. JRiteh, Jr., for app’lt; George Richards, for resp’t.

The facts are undisputed, and from them it appears that the dwelling house which the defendant insured was vacant and unoccupied for a period of more than ten days prior to its burning. A clause in the policy of insurance upon Which this action is founded provided that in such event the policy shall be void. The complaint was therefore properly dismissed. The judgment and order should be affirmed, with costs.