Contracts Keyed to Calamari
Shoemaker v. Commonwealth Bank
Plaintiffs obtained a mortgage on their home from Defendant. Pursuant to the mortgage agreement, Plaintiffs were required to carry insurance on the property. Plaintiffs allege that they received a letter from Defendant informing them that their homeowner’s insurance had been cancelled and, if a new policy was not purchased, Defendant would purchase a policy and add the premium to the balance of their loan. Plaintiffs also allege that they received a phone call from Defendant to the same effect. Due to the letter and telephone call, Plaintiffs claim they did not realize the house was not insured until after it was destroyed by fire. Defendant admits to sending the letter, but denies the contents of the phone conversation. Defendant insured the home, but decided to let the policy expire. Defendant claims to have sent Plaintiffs letters informing them of the coverage and warning them a little over a month before the coverage expired. Plaintiffs deny receiving either letter from Defendant.
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