D. M. A. F. B. Federal Credit Union v. Employers Mutual Liability Insurance

LOCKWOOD, Vice Chief Justice.

Plaintiff-insured instituted action against defendant-insurer to recover from the insurer under a Chattel Lien Non-filing Bond issued by defendant to plaintiff. Following the presentation of plaintiff’s evidence before the trial court sitting without a jury, the trial judge granted the insurer’s motion for involuntary dismissal pursuant to Rule 41(b), Arizona Rules of Civil Procedure, 16 A.R.S. The insured brings this appeal from the granting of the insurer’s motion and the judgment entered thereon.

The facts as found by the trial court are as follows: The insured…