Payne v. Buffalo Reinsurance Co.

PHILLIPS, Judge.

Only one legal question is raised by this appeal — Was the judgment cancelling defendant’s deed of trust of record authorized by law? It was, in our opinion, and the judgment of the trial court is affirmed.

The judgment was authorized by the express terms of the contract between the parties. An insurance policy is but a special kind of contract and the terms agreed to therein, unless forbidden by law, are binding on insurer and insured alike. No statute or other law of this state prohibits an insurance company from agreeing to pursue only one of two courses against an insured…