[DOWNLOAD] "Hawkeye-Security Insurance Co. v. Apodaca" by Supreme Court of Wyoming " eBook PDF Kindle ePub Free

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eBook details

• Title: Hawkeye-Security Insurance Co. v. Apodaca
• Author : Supreme Court of Wyoming
• Release Date : January 09, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The defendants home, insured by Hawkeye, burned, and the insurance company paid the insured defendants note given to a mortgagee. The insurance company took an assignment of the note and mortgage, and brought an action on the note and for foreclosure of the mortgage. Defendants answered separately and each raised the issue of the insurance policy and counterclaimed for the loss in excess of that amount paid by the insurance company to the mortgagee. All parties moved for summary judgment, and ultimately the matter was submitted to the trial court for determination on the record. The trial court found against the insurance company on its claim against both defendants and for the defendant-Byrlie Lee Apodaca on her counterclaim, from which judgment the insurance company appealed. The two issues raised by the insurance company on appeal were that the defendants were barred from making any recovery because they failed to timely file proof of loss and they did not bring their action within one year after the loss, both as required under the terms of the policy.

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