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The insured’s mortgagee brought an action against the insurer to recover for a fire loss to a vacant building. This case is SWE Homes, LP v. Wellington Ins. Co., 436 S.W.3d 86 (Tex. App. 2014).

Sadberry purchased a residential property with a mortgage from SWE. He insured the home with Wellington Insurance Company. The policy contained a mortgage clause and a vacancy clause. The vacancy clause prohibited coverage for damage to the dwelling if the insured building is vacant for sixty consecutive days immediately before a loss.

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