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WINSTON-SALEM FIRE FIGHT. CLUB v. STATE FARM F. & C. CO.

No. 401.

131 S.E.2d 430 (1963)

259 N.C. 582

WINSTON-SALEM FIRE FIGHTERS CLUB, INC. v. STATE FARM FIRE AND CASUALTY COMPANY.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

White & Crumpler by James G. White, Leslie G. Frye, and Harrell Powell, Jr., Winston-Salem, for plaintiff appellant.

Deal, Hutchins & Minor by Roy L. Deal, Winston-Salem, for defendant appellee.

RODMAN, Justice.

The policy as prescribed by statute, G.S. § 58-176, provided: "Conditions suspending or restricting insurance. Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring (a) while the hazard is increased by any means within the control or knowledge of the insured, or (b) while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period...

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