ViewPoint Bank v. Allied Property and Casualty Insurance Company

OPINION

Opinion by

Justice MOSELEY.

In settlement of an insurance claim, Allied Property and Casualty Insurance Company issued checks jointly payable to its insured, Optimum Deerbrook, LLC, and Optimum’s mortgagee, ViewPoint Bank. 1 Without Viewpoint’s endorsement or consent, Optimum deposited the checks and obtained payment. ViewPoint did not receive the proceeds of the checks. ViewPoint sued Allied and several others to obtain payment on the checks or on the underlying insurance obligation. Allied and ViewPoint filed cross-motions for summary judgment. The trial court granted Allied’s motion…