American Federal Savings & Loan Ass'n v. Rice

This action originated as one on a promissory note and for judicial foreclosure of a real property mortgage, on the basis of an alleged failure of Larry and Rebecca Rice (defendants in that action) to make the mortgage payments. Larry Rice brought a third party action against Safeco Insurance Company for damages for breach of a contract of fire insurance on the property, which resulted in a jury verdict and judgment in favor of Rice for $56,000. Safeco appeals from the judgment in that action.

Safeco asserts six assignments of error, which we discuss in relation to the two principal issues.…