Miller v. Russell

OPINION

SANDERS, Judge.

The issue on this appeal is whether or not an insurer can be subrogated to a claim against a mortgagee who is covered by a loss payable clause in the policy.

The Plaintiffs-Appellants, Michael W. Miller and Karen Gay Miller, purchased a residence from the Defendants-Appellees, William A. Russell and Elsie M. Russell. As a part of the consideration for the purchase price the Millers executed their note to the Russells, which was secured by a deed of trust on the property. As pertinent here, the deed of trust provides the mortgagors will “keep all improvements on the…