Emmons v. Lake States Insurance

This case arose after plaintiffs home was partially destroyed by fire. Defendant Lake States Insurance Company insured the property. After the fire, the mortgagee, defendant Capac State Savings Bank, foreclosed on the property. Plaintiff appeals from orders of the St. Clair Circuit Court which upheld the appraisal award and granted summary disposition to Capac Bank. She argues on appeal that Capac Bank was not entitled to the insurance proceeds, since the assignment clause in the mortgage did not survive foreclosure. She argues also that the trial court erred in failing to set aside the…