Laws of Business for All the States of the Union, With Forms And Directions for All Transactions

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So if the promises are described as a " private residence," the THE CONSTKUOTION OF POLICIES AGAINST ^lEB. 405 insurance is not avoided by the fact that the occupants moved out of the house, leaving it vacant, and not the " residence " of any one, unless the jury find that the risk was thereby materially increased.
But where the property was represented as a " tavern barn," and the insured permitted its occupation as a livery-stable, the policy was held to be discharged, although the keeper of
...the livery-stable was removable at the pleasure of the insured. Where a building in- sured by a company was represented, at the time of effecting the insurance, as connected with another building on one side only, and before the loss happened it became connected on two sides, the policy was held not to be avoided unless the risk thereby became greater.
The general subject of alterations of property under insurance against fire is not withoiit difficulty. On the whole, however, mere alterations, although expensive and important, do not necessarily and of themselves avoid the insurance or discharge the insurers ; but they have this effect, if they are found by the jury to increase the risk materially; or if they are specifically prohibited in the policy.


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