Legal Opinion

Lake Havasu Resort, Inc. v. Commercial Loan Insurance

Court of Appeals of Arizona

Decided October 27, 1983No. 1 CA-CIV 5977PublishedCited by 9 opinions

1Opinion of the Court

OPINION

GREER, Judge.

The main issue we consider in this ease concerns the rights and obligations of appellee Commercial Loan Insurance Co. (CLIC) as a “successor in possession” to a defaulting lessee under a policy of lease guaranty insurance it wrote to Lake Havasu Resort (Resort) as lessor. More specifically, we must- determine to what extent, if any, CLIC is obligated under the terms of the original lease agreement once it takes possession of the demised premises. The facts necessary to a resolution of this matter are as follows.

On May 23, 1969, Resort entered into a long term ground lease…

2Cases cited21 opinions

  1. Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
  2. Irwin v. MurpheyArizona Supreme Court · 1956
  3. Maricopa County v. Corporation Commission of Ariz.Arizona Supreme Court · 1955
  4. Acheson v. ShafterArizona Supreme Court · 1971
  5. Arizona State Board of Directors for Junior Colleges v. Phoenix Union High School DistrictArizona Supreme Court · 1967

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3Cited by9 opinions

  1. Miller v. HehlenCourt of Appeals of Arizona · 2005
  2. Nahom v. Blue Cross & Blue Shield of Arizona, Inc.Court of Appeals of Arizona · 1994
  3. HOME BUILDERS ASS'N v. City of MaricopaCourt of Appeals of Arizona · 2007
  4. Lake Havasu Resort v. COMMERCIAL LOAN INS.Court of Appeals of Arizona · 1983
  5. Marxsen v. Board of Dir., MSAD No. 5Supreme Judicial Court of Maine · 1991

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