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HEINDSELMAN v. HOME INSURANCE COMPANY

No. 29255.

282 S.W.2d 191 (1955)

Orville HEINDSELMAN and Edith Heindselman (Plaintiffs), Respondents, v. The HOME INSURANCE COMPANY, a corporation (Defendant), Appellant.

St. Louis Court of Appeals. Missouri.

Rehearing Denied October 13, 1955.

Attorney(s) appearing for the Case

J. Andy Zenge, Jr., Canton, for appellant.

Earl L. Veatch, Monticello, for respondents.

JAMES D. CLEMENS, Special Judge.

Plaintiffs sued on a fire insurance policy, and had judgment in the trial court, without a jury, for the full $1,200 coverage. Defendant appeals, urging that plaintiffs' loss fell within the prohibition of the policy's vacancy clause. Plaintiffs counter this, claiming defendant waived the vacancy when it issued the policy.

Until December 30, 1952 one Thomas Boudreau owned a small...

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