Howard, Singer & Meehan v. Clayton Federal Savings & Loan Ass'n

CLEMENS, Judge.

This declaratory judgment action concerns payment of $12,487, proceeds from a fire insurance policy arising from destruction of the home of the owner-insured, Mrs. Phyllis M. L. Hill. The issue is that of priority between two claimants. Plaintiff-law firm claims one-third under a contingent fee contract with Mrs. Hill, given them by her after the fire. Defendant-Clayton Federal Savings & Loan Association, as the holder of Mrs. Hill’s $13,050 note and prior deed of trust, claims all the insurance proceeds under the insurance policy’s loss-payable clause.

The trial court found…