Tech Land Development, Inc. v. South Carolina Insurance
Court of Appeals of North Carolina
1Opinion of the Court
VAUGHN, Judge.
Plaintiff argues that the court erred in concluding Tech Land was not entitled to any of the insurance proceeds paid to Northwestern. We disagree.
Both the mortgagor and mortgagee have an insurable interest in mortgaged property. The mortgagor’s interest is in the full value of the property. He has an equitable right of redemption which may be exercised from the time of default until the expiration of the ten-day upset bid period in the event of foreclosure. The mortgagee has a separate insurable interest limited to the extent of the debt which the property secures. Insurance Co.…
2Cases cited10 opinions
- Nationwide Mutual Fire Insurance Co. v. WilbornSupreme Court of Alabama · 1973
- Smith v. General Mortgage Corp.Michigan Supreme Court · 1978
- Federal National Mortgage Ass'n v. Ohio Casualty InsuranceMichigan Court of Appeals · 1973
- Green v. Fidelity-Phenix Fire InsuranceSupreme Court of North Carolina · 1951
- Shores v. RabonSupreme Court of North Carolina · 1960
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sprouse v. North River InsuranceCourt of Appeals of North Carolina · 1986
- Property Owners Insurance Co. v. HackIndiana Court of Appeals · 1990
- Fireman's Fund Mortgage Corp. v. Allstate Insurance Co.Alaska Supreme Court · 1992
- Federal Home Loan Mortgage Corp. v. Transamerica Insurance Co.Hawaii Supreme Court · 1998
- NAT. FARMERS UNION v. First ColumbusMississippi Supreme Court · 1996
9 more not listed; retrieve them via the Exa API.