Elaine and Rocky Varsalona sued their insurer, Auto-Owners Insurance Company, alleging that Auto-Owners breached the terms of a homeowners insurance policy by refusing to pay for property damage to a residence covered by the policy. The trial court granted summary judgment in favor of Auto-Owners on the basis that the residence was not covered by the policy because the Varsalonas never used it as their residence. For the following reasons, we affirm. On October 31, 2002, the Varsalonas bought a residence located at 2276 Turtle Landing in Marietta. The Varsalonas allege that in February 2003, the residence suffered damage covered by an Auto-Owners insurance policy when a portion of the slab collapsed under the residence. At the closing on the residence, the Varsalonas bought a “Homeowners Insurance Policy” from Auto-Owners which shows on the policy declarations page that the Varsalonas are the insureds and that the “residence premises” insured by the policy is located at 2276 Turtle Landing in Marietta. The policy provides that “insured premises means . . . the residence premises . . . any structures or grounds you use in connection with your residence premises . . . and any other premises you acquire during the policy term and which you intend to use as a residence premises.”1 The policy further defines “residence premises” to mean “the one or two family dwelling where you reside, including the building, the grounds and other structures on the grounds . . . or that part of any other building where you reside, including grounds and structures . . . which is described in the Declarations.” Finally, under the section of the policy related to “Property Protection . . . Coverage A —Dwelling” the policy provides that: “We cover . . . your dwelling located at the residence premises including structures attached to that dwelling. This dwelling must be used principally as your private residence.”
The Varsalonas concede that, after buying the residence, they never lived there or used it as their residence. According to the Varsalonas, when they bought the residence at 2276 Turtle Landing, they intended to sell the residence they were living in and use the residence at 2276 Turtle Landing as a temporary residence until they could build a permanent residence. When the residence they were living in did not sell quickly, the Varsalonas changed their minds and decided not to reside at 2276 Turtle Landing. Instead, in early 2003, their daughter and grandchild moved into the residence at 2276 Turtle Landing and were living there when the damage was discovered in February 2003.
