Stivers

The owner of a fruit-packing plant brought this action against four fire insurance companies which had rejected fire-loss claims filed under policies which they had issued. After a nonjury trial, judgment was entered for defendants. Plaintiff appeals.

The question for determination here is whether the policies were in suspension at the time of the fire because of asserted noncompliance with policy provisions relating to occupancy of the insured buildings. The trial court held that the policies were in suspension.

Appellant, Morgan Stivers, was the owner of an orange packing plant in Tulare county, California. The plant consisted of a packing house and loading platform, equipment, stock, bunk house, and storage building.

Effective December 1, 1952, he obtained four fire insurance policies insuring the various items comprising the plant in the aggregate amount of $40,000. These policies, which were to run for three years, were issued in amounts ranging from $7,500 to $12,500 by the four appellees, National American Insurance Company (National), Girard Insurance Company of Philadelphia (Girard), The Insurance Company of the State of Pennsylvania (Pennsylvania), and Queen Insurance…