Track Mortgage Group, Inc. v. Crusader Ins. Co.

Full title: TRACK MORTGAGE GROUP, INC., Plaintiff and Appellant, v. CRUSADER INSURANCE…

Court: California Court of Appeals, Second District, Sixth Division

Date published: Jun 20, 2002

No. B139930 (Cal. Ct. App. Jun. 20, 2002)

Opinion

Page 399b

99 Cal.App.4th 399b TRACK MORTGAGE GROUP, INC., Plaintiff and Appellant, v. CRUSADER INSURANCE COMPANY, Defendant and Appellant. B139930. California Court of Appeal, Second District, Sixth Division June 20, 2002

THE COURT:

It is ordered that the opinion filed herein on May 28, 2002, 98 Cal.App.4th 857; 120 Cal.Rptr.2d 228 be modified as follows:

1. On page 1, after the first sentence of the first full paragraph [98 Cal.App.4th 861, advance report, 1st par., line 1], beginning with the words "A lender" and ending with the word "policy," insert the following sentence:

The property suffers severe damage.

2. On page 1, second full paragraph, second sentence [98 Cal.App.4th 861, advance report, 2d par., lines 4-5], the word "lender's" between the words "the" and "conduct" is changed to "insurance company's" so the sentence reads:

Here we hold the lender's tort damages are also limited by the credit bid rule absent a showing that the insurance company's conduct caused the lender to make the credit bid.

There is no change in the judgment.