NORTHWESTERN NAT. INS. CO. v. McFARLANE

No. 6377.

50 F.2d 539 (1931)

NORTHWESTERN NAT. INS. CO. v. McFARLANE.

Circuit Court of Appeals, Ninth Circuit.

June 1, 1931.


Attorney(s) appearing for the Case

R. W. Palmer and Orrick, Palmer & Dahlquist, all of San Francisco, Cal., for appellant.

W. M. Conley, Philip Conley, Matthew Conley, and Conley, Conley & Conley, all of Fresno, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.


WILBUR, Circuit Judge.

This is an action brought to recover on a policy of fire insurance. At the time the building covered by the insurance policy was burned the property was vacant and had been vacant for several months, from March, 1929, to August 11, 1929, the date of the fire. The policy, a statutory standard form used in California (Stat. of Cal. 1909, p. 404), provided as follows: "Matters suspending insurance. Unless otherwise provided by agreement endorsed...

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