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Banking Law Keyed to Barr, 3rd Ed.
Johnson v. Allstate Insurance Co.
Citation:
870 P.2d 792 (1993)Facts
Jack and Sherry Murdock divorced on May 8, 1991, with the divorce decree vesting title to their home in Jack, subject to a mortgage in favor of Union National Bank. Sherry was ordered to execute a quit claim deed to Jack, which she did. In October 1991, Jack filed for Chapter 7 bankruptcy. Concerned about potential liability for the mortgage, Sherry obtained an insurance policy from Allstate on October 26, 1991, which included a loss payable clause to the Bank as mortgagee. On December 1, 1991, the home was destroyed by fire. Allstate investigated and ultimately agreed to pay the Bank the full amount due on the mortgage but refused to pay Sherry any additional proceeds, asserting that her insurable interest was limited to the mortgage obligation. Sherry filed suit on April 10, 1992, seeking the full policy amount, arguing that Jack’s failure to pay debts as ordered in the divorce decree gave her a security interest in the home.
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