Justice Marianne Furfure

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Allstate asked the court to dismiss plaintiffs’ complaint, claiming that Allstate validly disclaimed liability for fire damage to property insured by Allstate because plaintiffs did not reside at the property at the time of the fire, as required by the terms of the policy. Allstate also contended that plaintiffs failed to notify the insurance agent that other people were living at the Pine Hill residence during plaintiffs’ absence, in violation of plaintiffs’ obligation to advise Allstate of a change in title, use, or occupancy at the insured premises. Plaintiffs claimed that they advised the Allstate agent that they had been absent from the insured premises for an extended period of time and they wanted to make sure that their Pine Hill residence “was going to be covered so that (they) didn’t have to do something different for (their insurance),” while defendant’s records show that normal protocol when a mailing address change was made was to “question insured about use of property.” The court denied the parties’ motions for summary judgment, finding that this is sufficient to raise a question of fact as to what plaintiffs advised the agent and whether there was a failure by Allstate’s agent to follow company protocol or notify Allstate of the change in use.