Mercer v. Flats

OPINION

SUTIN, Judge.

Plaintiffs, as lessees, occupied an apartment that belonged to defendant Tajique Flats. Transamerica Insurance Company, as intervenor, was an insurer of defendant. On February 14,1976, a fire occurred in the apartment and destroyed plaintiffs’ personal belongings and damaged defendant’s building. Plaintiffs sued defendants for damages and recovered. Intervenor sued plaintiffs for damages to defendant’s property and was denied recovery. Inasmuch as intervenor stands in the shoes of defendant, both parties will be called defendants. We affirm.

A. The trial court did not 'err…