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McCALEB v. AMERICAN INSURANCE CO. OF NEWARK, N. J.

325 S.W.2d 274 (1959)

H.J. McCALEB and R.E. Phelan v. AMERICAN INSURANCE COMPANY OF NEWARK, NEW JERSEY, et al.

Supreme Court of Tennessee.

May 1, 1959.

Attorney(s) appearing for the Case

M.H. Holmes, Jr., Harrell & Nowell, Trenton, for petitioners.

Gayle Malone, Trenton, for respondents.

TOMLINSON, Justice.

The fire insurance policy upon which McCaleb and Phelan sought to recover for the burning of their residence contained the following:

"28 Conditions suspending or restricting insurance. "Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring "33(b) while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty...

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