Before the court are cross motions for summary judgment. The policy required that the premises be owner-occupied. Mr. Clark then resided at 12303 Medford Road, Philadelphia. When applying for the policy, Mr. Clark, knowing that owner-occupation was a condition of coverage, informed America and Underwriters that he and Ms. Gerace would reside on the premises during the life of the policy. However, a squatter, Mrs. Armstrong, was occupying the land at the time defendants purchased the premises.
Defendants read but never responded to the letter.
Neither Mr. Clark nor Ms. Gerace ever lived on the premises. Defendants claim they never received the notice because Mrs. Armstrong never forwarded it to them. Shortly after Underwriters sent the cancellation notice, Mr. Sarkisian told Ms. Gerace by telephone that the policy would be cancelled. He told her defendants would receive a thirty-day cancellation notice from America four to six weeks from the date of their conversation. He also told her defendants would receive a check for their unearned premium.