RUFFIN v. UNITED STATES FIRE INSURANCE COMPANY


158 S.E.2d 672 (1968)

208 Va. 463

Robert D. RUFFIN, Executor, etc. v. UNITED STATES FIRE INSURANCE COMPANY.

Supreme Court of Appeals of Virginia.

January 15, 1968.


Attorney(s) appearing for the Case

Grover C. Wright, Jr., Virginia Beach (Caton & Wright, Virginia Beach, on brief), for plaintiff in error.

Charles A. McDuffie, Norfolk (Pender, Coward, McDuffie & Addison, Norfolk, on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.


GORDON, Justice.

The single issue on this appeal is whether the defendant, United States Fire Insurance Company, is estopped from relying on a clause in its fire insurance policy that excludes coverage if the insured premises are unoccupied when a loss occurs and have been continuously unoccupied for the preceding 90 days. The trial court, sitting without a jury, held the occupancy clause applicable and entered judgment for the defendant.

The plaintiff, Robert...

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