BURRELL v. SEGUROS AMERICA BANAMEX, S.A.

No. 6850.

316 So.2d 177 (1975)

Reverend Morris BURRELL and wife v. SEGUROS AMERICA BANAMEX, S.A.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 5, 1975.

Writ Refused October 17, 1975.


Attorney(s) appearing for the Case

Joseph Rosenberg, Morris B. Phillips, New Orleans, for plaintiffs-appellees.

Rudolph R. Schoemann, New Orleans, for defendant-appellant.

Before REDMANN, SCHOTT and MORIAL, JJ.


REDMANN, Judge.

As a "condition suspending or restricting insurance," defendant fire insurer's policy provided nonliability "for loss occurring. . . while a described building. . . is vacant or unoccupied beyond a period of sixty consecutive days." The trial court held this standard clause inapplicable to our facts and the insurer appeals.

The case was decided on a stipulation of facts. The building owners' foster daughter had lived in the building with her...

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