Mauck

The appellant’s assignors and grantors owned a house and lot in the unincorporated city of Graham, in Los Angeles County. The dwelling-house was insured by the owners for $2,500 against loss by fire. The policy contained the following condition: “Unless otherwise provided by agreement endorsed hereon . . . this company shall not be liable for loss or damage occurring . . . while mechanics or artisans are employed in building or altering or repairing the described premises for more than fifteen days at any one time ... or wdiile a building herein described whether intended for occupation by owner or tenant is vacant or unoccupied beyond the period of ten consecutive days.”

The policy also contained an exception to the foregoing release from liability for loss by fire which occurred while the building was unoccupied. This clause provided that: “If the building described hereunder is located within the incorporated limits of a city or town, permission is hereby granted for the same to remain vacant or unoccupied without limit of time.”

On July 10, 1924, the building was destroyed by fire. It had been unoccupied for a year prior to the fire. The owners lived elsewhere and it was not…