PAGE v. NATIONWIDE MUT. FIRE. INS.


15 A.D.2d 306 (1962)

Lucille Page (Joines), Respondent, v. Nationwide Mutual Fire Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 17, 1962.


Attorney(s) appearing for the Case

Brown & Gallagher (Thomas A. Ford of counsel), for appellant.

Evariste G. Lavigne for respondent.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


BERGAN, P. J.

In this action on a fire insurance policy, the insurance company asserted the affirmative defense that at the time of the fire the covered premises "had been unoccupied beyond a period of sixty consecutive days at the time of the alleged loss set forth in the complaint". The policy provided, as one of the "conditions suspending insurance", that the company should not be liable "for loss occurring" while the building "is vacant or unoccupied...

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