Ord
National Reserve Ins. v. Ord
Opinion
Lead Opinion
Denman, J.
Appellants, Illinois and Iowa corporations, hereafter called insurers, appeal from a judgment for $4,079.65, exclusive of interest against them and in favor of appellees, residents of California, hereafter called insured, holding the insurers liable for a fire loss of insured’s building in the town of Hynes, California, under insurers’ policy. The policy was issued June 22, 1937, for a three year term. The fire occurred on July 15, 1939:
The pertinent insuring clause of the policy is one assuming the loss by fire on a “One story Composition roof Frame building * * * while occupied only for Packing Plant purposes, * * *.” It is admitted that at the time of the fire the building was not occupied as a packing plant and that it had not been so occupied for a long period before the fire. Indeed, before the policy was delivered, part of the motors, machinery and conveyors for sorting and processing the vegetables and conveying them into their containers had been removed by the owners and by theft, and the place had been ransacked by playing children and become the abode and sleeping place of tramps. Before the fire occurred the last of the above packing equipment had been removed.…