Borges v. Home Insurance Co.

FLEMING, J., Concurring.

It appears to me Home owed no duty to Borges to recognize any lien for attorney’s fees until such time as he advised Home that he had a contractual lien. At no time did he do this. Consequently, Home had neither responsibility nor authority to pay out the insured’s moneys to Borges or anyone else, except as instructed by the insured, Harriet Burbank. (Ambrose v. McDonald, 53 Cal. 28.)

On March 5 Home issued three drafts in accordance with instructions from Harriet Burbank, the insured. It still had no legal duty or authority to stop payment on these drafts on…