In Kupfersmith v. Delaware Ins. Co., 84 N.J.L. 271, 86 A. 399 (E. & A.1913), a first fire occurred on October 15, 1908. That first fire partially destroyed the building after which it was not occupied. Later on February 16, 1909, a second fire occurred in the building and the building was completely destroyed. Plaintiff who owned the building brought suit for recovery for the loss sustained from the second fire. The Court found that recovery for damages sustained in the second fire was barred by a policy provision providing that the policy "shall be void if the . . . building herein described, whether intended for occupancy by owner or tenant, be or becomes vacant or unoccupied and remains so for ten days." The Court held that the vacancy clause in the policy applied even though the building became vacant or unoccupied as a result of the first fire so that there was no insurance coverage.