Legal Opinion

Mortgage Associates, Inc. v. Fidelity & Deposit Co. of Maryland

California Court of Appeal

Decided December 23, 2002No. B152466Published

1Opinion of the Court

Opinion

VOGEL (MIRIAM A.), J,

As the result of a fraudulent scheme perpetrated by a mortgage lender’s employees and third persons, the mortgage lender made several loans for more than the value of the mortgaged properties. The mortgage lender, unable to recoup its losses through foreclosure, submitted claims under its financial institution bond (which covered some but not all losses resulting from employee dishonesty) and under 16 title insurance policies it had purchased for the mortgaged properties. Both insurers denied the claims, and both were sued by the mortgage lender. The insurers’…

2Cases cited23 opinions

  1. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  2. Union Bank v. Superior CourtCalifornia Court of Appeal · 1995
  3. Tomaselli v. Transamerica InsuranceCalifornia Court of Appeal · 1994
  4. Neighbours v. Buzz Oates EnterprisesCalifornia Court of Appeal · 1990
  5. Merced Mutual Insurance v. MendezCalifornia Court of Appeal · 1989

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