date of the fire the insurance company had castle the policy effective september twenty second for nonpayment and they sent her a notice on the twenty fourth the problem is that she had moved in there really where they were living in springfield the property was in virginia they were occup there after so i said they they left a check at the office of the insurance agent or producer whatever it was as soon as they found out there been a far they left a check bradford the defendant learned of the fire they knew that the policy didn't cancel they also knew that had been sent to the wrong address as stated  this as attorney for the defendant and pleading in a third party action in the same the same lawsuit he makes us makes a statement read shaw had an obligation to share with bradford information regarding the changes of shannon smith's status including her change of address on information and believe richo was informed by shannon smith of her change of address red show failed to share that information with brett i see all present here maybe i should restate that this is at the day of the fire so workday the workers at bradford victor adams were there they found out i think through the agent that they're go fire they realize that the policy was cancelled the twenty four but once they discovered this one i just read i feel certain they believe knowledge that the address that changed i don't know that that's in our perspective is a regular asian he had the obligation by contract to inform the insurance sought that there cancellation was either flawed in effect you know good so they should another cancellation on september twenty dated september fourth and the language on the insurance reads as follows the preceding sentence this declaration page with policy jacket forms and endorsements of any issue to form a par complete the above number follows these declarations replace all prior declarations the prior declaration was dated september twenty fourth that cancellation this had the same language as this one about the these declarations replace all prior declaration if the twenty seventh replaced but one of the twenty four plaintiff had an insurance policy that have been cancelled or at least they thought it would be cancelled and reinstated by declaring it but doing this second declaration clearly stating these declarations replace all prior declarations this  on the same day bradford in addition to the was that i'm not sure of the time is that what when you have  they also wrote a letter to want to claim the above claim is being denied due to the cancellation of your policy due to nonpayment of premium premium was due on september ninth when we didn't receive your payment we sent you a lapse notice granted you until september twenty second two thousand and seven to make your pain after no payment was made we cancel your it's our belief that this policy room stated on september twenty seventh that based on the terms of the policy they had ten days within which to pay that premium and when they tendered the premium the same day and infuriation is that one party that has a duty to the other when the time the time performance is due indicates that you will not will not perform the say on the insurance company's a permanent defense which was as to the cancellation issue from one of defense was that the policy was cancelled so that's how it gets to us the summary judgment  that's not my recollection ok what was the basis of the trial court's grant the summary judgment for the insurance company on i don't recall any stating insurance company or the defendants the insurance company had the burden of going forward on the motion for summary judgment and so it had to establish either that there was affirmative matter lapse notices the cancellation notices that those were in fact yes yes there is evidence for that in there in the motions for summer and can you just tell me what it was i have the most ok but it was by sworn testimony that those were established when i'm the documents yes information believed on people who knew the change of address well what i'm doing is i'm actually suggesting something that would be to your benefit so maybe this is better asked of mr because alice but what evidence for his support is there for the  you come on the facts on appeal almost like a stipulation those are the facts that you rely on one people and so that's kind of the policy that unless you pay within ten days plus a twenty dollars late charge surprised at that question was even raised by counsel because the question before discourse is whether the summary judgment was properly entered and i submit your honor that the cancellation which was information page as to what insurance is available and that page says the policy has been cancelled is nothing to do with a you issuance of the policy there's you kno it'll be a record and we get more actually paces it is not that complicated i don't think in any event i would just like to make or live with that but that's what both of them say and it's dated september twenty seventh the other one is dated september twenty fourth this is a town landlord policy at the top they can't live with that of course but if they did that twenty seven the one that replaced the one of september twenty fourth there is what i could almost say liberation is not really important what is important that they did the second cancellation because they fought the first one was no good that's the only reason telling her it was cancelled the twenty fourth and not telling the ensured that there was another cancellation on the twenty seven th