Legal Opinion
Ziello v. Superior Court
California Court of Appeal
Decided June 29, 1995No. B090478PublishedCited by 11 opinions
1Opinion of the Court
Opinion
EPSTEIN, Acting P. J.
In this case, we decide that when a lender does not require in its contract that the borrower obtain earthquake insurance on the property securing the loan, it has no right under the contract to receive or control the insurance proceeds paid as a result of earthquake damage to the property.
Factual and Procedural Summary
On June 27, 1988, petitioner Phyllis Ziello (borrower) obtained a 30-year residential mortgage of $358,400 from real party in interest First Federal Bank of California (lender) to finance the purchase of a home in Northridge. The purchase money…
2Cases cited10 opinions
- Security Pacific National Bank v. WozabCalifornia Supreme Court · 1990
- Walker v. Community BankCalifornia Supreme Court · 1974
- Alexander v. Security-First National BankCalifornia Supreme Court · 1936
- Passanisi v. Merit-McBride Realtors, Inc.California Court of Appeal · 1987
- O'NEIL v. General Security Corp.California Court of Appeal · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- BGJ Associates, LLC v. Superior CourtCalifornia Court of Appeal · 1999
- Martin v. World Savings & Loan Ass'nCalifornia Court of Appeal · 2001
- C.J.A. Corporation v. Trans-Action FinancialCalifornia Court of Appeal · 2001
- Countrywide Home Loans, Inc. v. TutungiCalifornia Court of Appeal · 1998
- ZIELLO v. Superior CourtCalifornia Court of Appeal · 1999
6 more not listed; retrieve them via the Exa API.